r 


NEW  CHARTER  FOR 

KANSAS  CITY,  MISSO 

\  ,  1  i 

FRAMED  BY 


J.  V.  C.  KARNES, 

WALTER  J.  BATES, 
WIEI.IAM  P.  BORLAND, 
CHARGES  CAMPBEEE, 

F.  D.  CRABBS, 

ANDREW  F.  EVANS, 

D.  J.  HAFF, 

CHARGES  J.  HUBBARD, 

R.  J.  INGRAHAM, 

ROBERT  B.  MIDDEEBROOK, 
JOHN  H.  MOORE, 

JOHN  H.  THACHER, 

F.  W.  TIITTEE, 


BOARD  OF  THIRTEEN  FREEHOLDERS  ELECTED 
THAT  PURPOSE  AT  A  GENERAL  ELECTION 
HELD  APRIL  7TH,  1908.  , 


OFFICERS 
J.  V.  C.  KARNES, 

PRESIDENT. 

JAMES  W.  S.  PETERS, 

SECRETARY. 


OFFICIAL  STENOGRAPHER, 

ANNA  I,.  DONAHUE- 


CEINE  PRINTING  CO. 


KANSAS  CITY,  MO. 


TABLE  OF  CONTENTS. 

Article  I. — Corporate  Powers-Boundaries  and  Wards.,  i 

Article  II— .The  Common  Council... .  9 

Article  III. — Powers  of  the  Common  Council... .  14 

Article  IV. — Municipal  Officers . .  .  .  ! . .  33 

Article  V. — Revenue  and  Taxation .  51 

Article  VI. — Condemning  and  Damaging  Private  Property  76 

Article  VII. — Grading . 100 

Article  VIII. — Public  Improvements.  .  . no 

Article  IX. — Vacating  Highways  and  Public  Places . 135 

Article  X. — Board  of  Public  Works . 139 

Article  XI. — Department  of  Fire  and  Water . 148 

Article  XII. — Establishment  and  Maintenance  of  Eevee 

Districts . . 155 

Article  XIII. — Department  of  Parks  and  Boulevards.  . . 166 

Article  XIV.— Hospital  and  Health  Department .  202 

Article  XV. — Civil  Service, . •  •• . 207 

% 

Article  XVI .  —Franchises . ’..218 

Article  XVII. — Dramshops . V . 223 

Article  XVTII . — Miscellaneous  Provisions . 225 


Summary  of  the  Proposed  Charter. 


What  Is  the  Charter? 

The  charter  of  the  city  is  its  fundamental  local  law,  prescrib¬ 
ing  its  form  of  government,  fixing  the  powers  and  duties  of  its 
officers  and  defining  the  authority  of  the  City  Council.  Kansas 
City  has  the  right,  under  the  constitution  of  the  state,  to  frame 
its  own  charter.  It  is  one  of  the  few  cities  of  the  United  States 
possessing  this  privilege. 

What  is  the  Matter  With  the  Present  Charter? 

‘  i 

It  was  adopted  in  1889,  when  Kansas  City  was  a  com¬ 
paratively  small  town,  both  in  number  of  inhabitants  and  in 
territorial  area.  Amendments  to  the  charter  were  made  in  1890, 
1892,  1895'  and  1903.  Some  of  its  sections  have  been  cut  away 
by  decisions  of  the  Supreme  Court,  others  are  so  unsuited  to 
present  condiSons  that  they  are  necessarily  disregarded  in  the 
daily  discharge  of  the  city’s  business.  Its  limitations  are  such 
that  it  is  inadequate  to  meet  the  great  problems  that  are  con¬ 
fronting  the  city  today,  such  as  the  prevention  of  floods,  the  new 
depot,  the  Twelfth  Street  Traffic- Way,  and  the  efficient  man¬ 
agement  and  operation  of  the  new  city  hospital. 

The  good  features  of  the  old  charter  have  been  constantly 
kept  in  mind,  and  changes  have  only  been  made  in  those  respects 
in  which  the  decisions  of  our  courts  and  the  practical  solution 
of  new  problems  before  the  city  have  demanded  changes  in  or 
additions  to  the  present  city  charter. 

What  is  the  Proposed  New  Charter? 

It  is  a  substantial  reconstruction  of  the  present  charter 
along  modern  progressive  lines,  conforming  to  the  general  laws 
of  the  state,  the  decisions  of  the  Supreme  Court  and  the  adminis¬ 
trative  changes  which  have  been  forced  upon  the  city.  It  makes 
such  alterations  as  are  necessary  to  conduct  the  affairs  of  the 


city  in  a  businesslike  way  with  the  least  expense  to  the  tax  payers 
and  the  greatest  degree  of  safety  and  protection  to  the  body  of 
citizens  who  compose  the  Kansas  City  of  1908,  as  distinguished 
from  the  Kansas  City  of  twenty  years  ago.  It  insures  a  safe, 
orderly  and  progressive  municipal  government.  It  provides  for 
the  transaction  of  public  business  with  the  same  promptness, 
efficiency  and  common  sense  that  a  citizen  would  use  in  conduct¬ 
ing  his  own  private  business. 

' 

<# 

Is  It  a  Safe  Charter  or  An  Experimental  One? 

fhe  proposed  charter  preserves  every  valuable  feature  of 
the  charter  of  1889,  and  introduces  such  new  methods  or  machin 
ery  as  have  been  justified  by  the  most  careful  and  thorough  tests 
and  such  as  are  in  line  with  the  march  of  progress  in  other  cities 
of  the  country,  and  the  value  of  which  changes  have  been  demon¬ 
strated  beyond  question  by  experience  and  established  usage. 
It  is  a  conservative  charter  and  free  from  radical  innovations 
and  experiments.  It  eliminates  the  features  of  the  old  charter 
which  are  costly,  extravagant  or  incapable  of  being  carried  out, 
and  adds  such  innovations  as  are  necessary  to  meet  the  present 
and  future  conditions  of  the  city. 

Powers  of  the  City. 

The  powers  of  the  city  to  preserve  and  protect  the  health 
and  property  of  citizens  and  promote  the  general  v/elfare  are 
grgatly  enlarged.  Under  the  proposed  charter  the  city  may  con¬ 
struct  and  maintain  dikes,  revetments  and  levees  for  the  purpose 
of  preventing  floods  and  overflows;  may  acquire,  maintain  and 
operate  tunnels,  tracks,  depots,  telephone  and  telegraph  lines, 
bridges  and  subways;  may  acquire  and  maintain  quarantine 
stations  and  make  provision  for  the  maintenance  and  support  of 
insane  and  indigent  citizens.  The  city  is  given  broader  power 
of  condemnation  for  public  purposes,  necessary  to  meet  the  many 
emergencies  and  novel  conditions  now  confronting  the  city. 

The  Common  Council. 

The  city  council  continues  practically  as  at  present,  except 


Vll 


that  in  the  proposed  charter  the  President  of  the  Upper  House 
will  be  chosen  by  the  members  of  that  body  from  among  their 
own  number.  The  qualification  that  members  of  the  Common 
Council  should  own  real  estate  is  eliminated,  so  as  to  conform  to 
the  state  law.  Regular  meetings  of  the  Common  Council  are  to 
be  held  on  Monday  of  each  week  instead  of  once  a  month  as  under 
the  present  charter,  so  that  the  necessity  of  a  special  message  and 
the  labor  and  expense  incident  to  preparing  and  publishing  what 
is  known  as  the  “Budget"  are  dispensed  with.  The  powers 
of  the  Common  Council  are  enlarged  to  correspond  with  the 
enlarged  powers  of  the  city.  The  enumeration  of  the  occupa¬ 
tions,  corporations,  institutions,  commodities  and  utilities  sub¬ 
ject  to  license  tax  and  regulation  has  been  enlarged  to  meet 
the  narrow  limitations  placed  upon  the  present  charter  by  the 
courts. 

The  power  is  given  to  establish  and  maintain  plants  for  pav¬ 
ing,  repaving  and  repairing  streets ;  the  city  is  given  authority 
to  do  such  work  and  bid  therefor  in  competition  with  contract¬ 
ors.  The  power  of  the  Common  Council  has  been  enlarged 
in  the  matter  of  directing  and  controlling  the  laying  and  con¬ 
struction  of  steam  railroad  tracks,  bridges  and  switches  in  the 
streets,  the  location  of  depot  grounds  and  the  protection  of  the 
interests  of  the  city  and  of  its  citizens  in  the  construction  and 
maintenance  of  railroads,  street  crossings,  viaducts  and  tunnels. 

Power  is  given  to  the  Common  Council  to  regulate,  control 
or  prohibit  sign  boards,  bill  boards  and  structures  for  advertising 
purposes  along  or  within  view  of  the  streets,  highways  or  public 
places  within  the  city ;  to  regulate  the  rates  to  be  charged  for 
services  of  all  persons  or  corporations  owning  or  operating  public 
utilities  within  the  city. 

The  proposed  charter,  while  preserving  to  the  Mayor  and 
Common  Council  the  absolute  control  of  the  finances  and  reve¬ 
nues  of  the  city,  and  maintaining  checks  and  safeguards  against 
reckless  or  unwise  expenditures  of  public  money,  relieves  the 
Common  Council  of  a  large  volume  of  routine  work  and  of  much 
useless  and  cumbersome  legislation  necessitated  by  the  terms 
of  the  present  charter.  > 

The  Mayor  and  Other  Municipal  Officers. 

The  Mayor,  under  the  proposed  charter,  is  elected  and  quali- 


Vlll 

♦ 


fied  as  at  present;  is  made  an  ex  officio  member  of  all  boards,  and 
is  partially  relieved  of  the  onerous  duty  of  hearing-  complaints 
and  appeals  for  pardons  and  paroles;  is  charged  with  absolute 
responsibility  in  the  appointment  of  all  boards  having  functions 
of  purely  a  business  character.  In  case  of  vacancy  in  office,  is 
elected  by  the  City  Council  for  the  unexpired  term.  (Special  elec¬ 
tions  by  the  people  at  great  expense  required  by  present  charter). 

The  Mayor  has  been  made  absolutely  responsible  for  the 
management  and  operation  of  the  fire  department  and  water 
works  of  the  city,  and  for  the  conduct  of  the  hospital  and  main¬ 
tenance  of  the  public  health,  by  placing  in  his  hands  the  power 
of  appointment,  without  confirmation,  of  the  boards  governing 
these  functions,  viz. :  the  Fire  and  Water  Commissioners  and 
the  Hospital  and  Health  Board. 

The  right  of  confirmation  of  appointees  given  to  councils 
in  municipal  charters  was  originally  intended  to  put  a  check  upon 
bad  appointments  by  the  Mayor.  It  has  frequently  failed  of 
this  purpose  because  of  the  natural  and  inevitable  conversion  by 
the  Councils  of  the  right  of  confirmation  into  an  actual  participa¬ 
tion  in  the  appointing  power.  It  has  been  thought  best  to  pre¬ 
serve  this  check  in  the  case  of  the  Board  of  Public  Works,  whose 
duties  are  so  closely  related  to  the  functions  of  the  Common 
Council  in  making  public  improvements  and  levying  special 
taxes,  but  in  the  case  of  the  Fire  and  Water  Commissioners  and 
the  Hospital  and  Health  Board,  the  functions  of  which  are  of  a 
distinctly  different  character,  it  has  been  deemed  advisable  to 
follow  the  experience  of  the  best  governed  cities  everywhere  by 
removing  the  right  of  confirmation  and  placing  the  responsibility 
for  the  success  and  character  of  the  administration  exclusively 
on  the  Mayor,  thus  eliminating  the  plausible  excuse  that  incom¬ 
petent  appointments  have  been  made,  because  the  Council  refused 
to  confirm  better  men. 


A  Much  Needed  Relief. 

The  Board  of  Public  Works,  under  the  present  charter,  is 

% 

overwhelmed  with  the  detailed  duties  of  managing  and  controll¬ 
ing  practically  all  of  the  departments  of  the  city’s  administra¬ 
tive  business.  It  has  been  a  physical  impossibility  for  any  of 
the  boards  of  public  works  of  the  city  to  give  adequate  care  and 


IX 


attention  to  the  manifold  details  of  the  business  under  their 
supervision.  The  proposed  charter  relieves  this  board  of  the 
great  volume  of  business  necessary  for  the  effective  handling  of 
the  water  works  and  fire  department  and  the  hospitals,  and  it  is 
thus  enabled  to  devote  its  time  to  the  protection  of  the  city’s 
interests,  in  the  matter  of  the  management  and  control  of  public 
improvements. 


A  Protection  From  Floods. 

One  of  the  greatest  problems  now  confronting  the  city  is 
the  question  of  how  to  prevent  the  annual  recurrence  of  floods 
and  inundations.  This  menace  to  the  lives  and  property,  and  to 
the  business  interests  of  the  city,  has  become  so  serious  a  problem 
that  it  can  only  be  met  by  a  radical  addition  to  the  present  char¬ 
ter.  A  simple,  fair  and  effective  method  of  remedying  this  evil 
is  provided  in  the  proposed  charter.  The  provision  for  a  fail- 
judicial  hearing  and  a  verdict  by  a  jury  in  making  assessments, 
and  the  co-operation  of  the  Board  of  Public  Works  in  devising 
plans  for  flood  prevention,  will  enable  the  city  to  proceed  immed¬ 
iately  to  secure  effective  relief.  Without  such  a  measure  as  is 
proposed  by  the  new  charter  the  city  is  exposed  to  the  danger  of 
some  legislative  enactment  on  the  subject  which  would  be  inimi¬ 
cal  to  the  interests  of  the  city  and  which  would  invite  a  long  and 
tedious  process  of  litigation  and  open  the  way  to  indiscriminate 
an  unjust  taxation  by  a  commission  or  such  other  board  or  body 
as  the  legislature  might  designate.  By  thus  forestalling  any  act 
of  the  legislature  on  this  subject  and  providing  an  adequate 
method  for  immediate  relief,,  the  proposed  charter  is  worthy  of 
adoption  for  this  one  article,  if  for  no  other  reason. 

A  Business  System  of  Finance  and  Accounting. 

In  the  proposed  charter  inconsistencies  in  the  system  of 
finance  and  accounting  have  been  eliminated.  The  City  Comp¬ 
troller.  as  the  bulwark  of  the  financial  good  name  of  the  city,  is 
strengthened  in  his  guardianship  of  the  city  treasury.  He  is 
made  an  elective  officer  in  order  to  give  him  the  independence 
and  authority  such  an  officer  should  have  in  the  supervision  of 
the  departments  and  persons  under  him.  He  countersigns  all 
warrants  and  supervises  all  branches  of  the  city’s  finances.  The 


Auditor  is  made  an  appointive  officer  and  is  required  to  be  a 
competent  accountant.  He  draws  all  warrants  on  the  treasury 
as  under  the  present  charter,  keeps  a  full  check  on  all  receipts, 
of  money  paid  into  the  treasury  and  has  full  control  of  the 
same.  He  audits  all  accounts  of  the  city  at  least  once  a  year. 
The  bookkeeping  department  of  the  city  is  greatly  simplified  and 
made  to  conform  to  the  methods  advocated  by  the  best  national 
municipal  experts.  The  present  complicated  methods  are  changed 
in  such  a  way  as  to  make  them  uniform  with  the  modern,  scien¬ 
tific  systems  adopted  by  the  larger  and  more  progressive  cities 
of  the  country.  In  the  method  of  expending  money  the  treas¬ 
ury  is  amply  safe-guarded  as  in  the  present  charter,  but  the 
Common  Council  is  relieved  of  all  purposeless  detail  in  its  legis¬ 
lative  deliberations.  In  addition  to  the  control  exercised  by  the 
City  Council  over  the  city  funds,  the  following  safe-guards  are 
provided:  Every  claim  against  the  city  for  money  must  be 
approved  by  the  head  of  the  department  to  which  the  claim 
belongs,  or  by  the  Mayor,  in  case  the  claim  is  not  chargeable 
to  any  particular  department ;  it  must  be  approved  by  the  officer 
or  agent  who  personally  incurred  the  obligation;  in  case  of  the 
purchase  of  goods  or  supplies  of  any  sort  the  claim  must  bear 
a  certificate  as  to  quantity  and  quality,  signed  by  the  person  who 
accuracy  and  also  as  to  the  fulfillment  of  the  above  provisions  and 
the  claim  must  be  examined  and  approved  by  the  Auditor  as  to 
accuracy  and  also  as  to  fulfillment  of  the  above  provisions  and 
requirements,  and  upon  warrant  drawn  by  the  Auditor,  the 
Comptroller  countersigns  the  warrant,  if  he  finds  the  claim  justly 
due  from  the  city  and  that  there  is  money  enough  in  the  treas¬ 
ury  for  the  purpose  and  not  previously  set  aside  for  any  other 
purpose.  It  is  believed  that  the  greatest  degree  of  efficiency 
is  obtained  when  an  officer  is  thus  called  upon  to  affix  his  name 
to  a  certificate  that  will  fix  upon  him  the  full  and  final  responsi¬ 
bility  as  to  the  accuracy  and  correctness  of  the  claim.  Every 
transaction,  demanding  the  payment  of  money  is  thus  brought 
into  the  full  light  of  day  and  made  to  pass  under  the  eyes  of  those 
officials  who  know  most  about  it  and  who  are  best  able  to  protect 
the  city’s  interests. 

A  purchasing  agent  is  provided  for  who  will  have  power, 
under  proper  restrictions,  to  make  purchases  of  materials  and 


XI 


supplies  at  the  lowest  possible  figure  and  with  the  greatest 
economy  to  the  city. 

Revenue  and  Taxation. 

The  general  plan  of  revenue  and  taxation  remains  the  same 
as  in  the  old  charter.  The  constitutional  limit  to  general  taxation 
is  1%  of  the  assessed  valuation.  The  following  improvements 
have  been  made  in  the  collection  of  these  taxes : 

First,  the  taxes  become  payable  June  1st  instead  of  May 
10th,  thus  relieving  to  some  extent  the  pressure  on  the  City 
Treasurer’s  office,  and  saving  the  city  considerable  expense  in 
the  hiring  of  extra  clerks. 

Second,  the  ward  offices  for  the  return  of  the  Assessor’s  lists 
have  been  found  by  experience  to  be  useless  and  have  been  abol¬ 
ished,  resulting  in  a  material  saving  to  the  city. 

Third,  the  rate  of  penalty  on  delinquent  taxes  has  been 
reduced  from  2%  a  month  to  1%  a  month. 

Fourth,  the  sale  of  real  estate  for  delinquent  taxes  will  now 
be  made  to  the  tax  buyer  who  offers  to  carry  the  taxes  at  the 
lowest  rate  of  interest,  not  exceeding  12%  per  annum.  The  old 
charter  allowed  the  tax  buyer  to  add  10%  per  annum  immedi¬ 
ately  to  the  amount  of  his  bill  and  then  carry  the  whole  amount 
at  24%  per  annum.  If  the  property  owner  paid  off  the  delin¬ 
quent  taxes  within  a  year  after  the  sale  he  paid  the  enormous 
rate  of  34%.  Now  he  will  pay  no  more  than  12%. 

Fifth,  delinquent  taxes  now  run  for  five  years  after  the 
sale  before  deed  is  given  to  purchaser.  Under  the  old  charter 
they  ran  but  two  years. 

/ 

The  Municipal  Court. 

If  the  proposed  charter  is  adopted,  the  Police  Court  and  the 
Mayor’s  Court  will  be  superseded  by  the  Municipal  Court,  which 
will  have  jurisdiction  over  grading  and  condemnation  cases,  in 
addition  to  the  functions  discharged  by  the  Police  Court  under 
the  present  charter.  The  Judge  of  the  Municipal  Court  must 
be  an  attorney  at  law  of  at  least  five  years’  experience  at  the 
bar.  This  court  will  effectually  dispose  of  the  great  volume  of 
the  city’s  business  pertaining  to  the  opening,  widening  and  grad¬ 
ing  of  streets.  The  same  rights  of  appeal  are  preserved  that 


•  • 

Xll 

exist  under  the  present  charter.  It  is  estimated  that  three- 
fourths  of  the  city's  grading  cases  can  be  disposed  of  in  the 
Municipal  Court  without  appeal,  thus  insuring  a  large  annual 
saving  to  the  city  in  court  costs  and  legal  expenses. 


Twelfth  Street  Traffic- Way. 

The  peculiar  topographical  conditions  surrounding  such 
public  improvements  as  the  Twelfth  Street  Traffic-Way  necessi¬ 
tate  certain  material  modifications  in  the  present  charter.  The 
Utilities  Commission  appointed  by  the  Mayor  has  reported  to 
him  that  a  proper  solution  of  this  problem  can  be  attained  only 
by  certain  important  additions  to  the  powers  of  condemnation 
under  the  present  charter,  and  certain  changes  in  the  procedure. 
These  changes  and  additions  have  been  made  in  the  proposed 
charter.  It  is  provided  that  when  the  grading  of  streets,  build¬ 
ing  of  viaducts  and  tunnels  and  the  condemnation  of  private 
property  are  all  parts  of  one  general  improvement,  that  dam¬ 
ages  and  benefits  may  be  ascertained  in  a  single  proceeding. 
Under  the  present  charter,  separate  proceedings  are  necessary 
for  each  of  these  improvements.  The  most  ample  and  elastic 
machinery  is  included  in  the  proposed  charter  for  meeting  this 
situation  and  similar  problems  that  will  arise  in  the  process  of  the 
city’s  growth. 


The  New  Depot. 

It  is  the  purpose  of  the  proposed  charter  to  place  at  the 
disposal  of  the  city  all  legislative  tools  and  machinery  necessary 
for  a  speedy  solution  of  the  depot  problem.  It  provides  methods 
by  which  damages  to  be  caused  by  the  vacation  of  streets  and 
the  construction  of  bridges,  viaducts,  tunnels,  overhead  and 
underground  crossings  and  approaches  can  be  speedily  and  fairly 
ascertained.  It  gives  the  city  broad  powers  for  the  protection 
of  its  interests  and  rights  of  its  citizens  in  its  negotiations  with 
the  Terminal  Company  or  others.  It  provides  methods  by  which 
the  proposed  franchise  can  be  submitted  to  the  people  without 
necessitating  an  amendment  to  the  charter. 


Xlll 


Hospital  and  Health  Department. 

t 

The  Board  of  Freeholders  considered  this  to  be  one  of  the 
most  important,  if  not  the  most  important,  matters  to  be  con¬ 
sidered  fn  framing  the  new  charter.  The  advance  of  medical 
science  and  the  establishment  of  many  schools  of  medicine  neces¬ 
sitated  the  adoption  of  liberal  and  advanced  methods  for  the 

protection  of  the  public  health.  After  much  study  of  this  subject 
the  conclusion  was  reached  that  it  would  be  wise  to  provide  for 

the  appointment  of  a  Hospital  and  Health  Board  to  be  composed 
of  three  high  class  business  men,  no  one  of  whom  shall  be  a 
physician,  but  all  to  be  chosen  with  a  view  to  their  special  quali¬ 
fications  and  fitness  for  such  position.  No  more  than  two  of 
them  shall  be  of  one  political  party;  they  shall  serve  without 
compensation  and  shalfbe  placed  in  absolute  control  of  the  health 
of  the  city,  including  the  management  of  the  hospitals.  This 
Board  will  be  given  authority  to  appoint  a  medical  staff,  which 
shall  likewise  serve  without  compensation.  The  Board  shall 
engage  such  medical  assistants  and  nurses  as  shall  be  needed  by 
them  in  the  hospital  and  sanitary  department  of  the  city.  They 

shall  direct  the  purchase  of  all  supplies,  keep  books  and  make 

• 

regular  reports  to  the  City  Comptroller.  They  shall  adopt  the 
best  means  to  protect  and  relieve  the  people  from  any  form  of 
disease,  contagious  or  otherwise,  and  any  epidemic  that  may  be 
prevalent  or  imminent  in  the  city.  All  sanitary  measures  shall 
emanate  from  and  be  enforced  by  said  Board,  and  the  responsi¬ 
bility  therefor  shall  center  in  it.  In  these  important  matters 
there  will  be  no  conflict  of  authority.  The  Board  will  be  appoint¬ 
ed  by  the  Mayor  and  he  may,  at  his  pleasure,  sit  with  them  when 
they  are  in  session,  but  without  voting.  It  is  expected  that  this 
Board  will  handle  this  department  with  the  same  efficiency  that 
our  schools  are  managed  by  the  Board  of  Education.  A  very 
much  needed  power  is  granted  to  this  department  to  compel 
non-resident  property  owners  and  others  to  observe  the  health 
regulations  of  the  city.  The  Board  is  given  power  to  abate 
nuisances  of  all  kinds  and  make  contracts  for  the  removal  of 
garbage,  which  cannot  be  done  under  the  limitations  of  the 
present  charter.  The  Board  is  given  power  to  act  immediately 
and  effectively  when  great  emergencies  arise  that  affect  or  endan¬ 
ger  the  public  health. 


XIV 


Dramshops. 

The  Board  of  Freeholders  gave  much  consideration  to  the 
liquor  situation  and  the  fullest  opportunity  was  afforded  for  a 
hearing  to  the  exponents  of  both  sides.  It  was  thought  wise,  in 
view  of  the  unsettled  state  of  the  public  mind  on  this  subject, 
and  in  view  of  the  fact  that  no  plan  which  gave  promise  of  any 
improvement  over  the  present  situation  was  submitted,  to  leave 
the  dramshop  question  in  precisely  the  same  situation  as  under 
the  present  charter. 

A 

Public  Improvements. 

In  the  proposed  charter  an  expeditious  and  logical  method 
is  provided  for  the  inauguration  and  construction  of  public 
improvements.  The  Board  of  Public  Works  will  initiate  all  pub¬ 
lic  work,  provide  for  a  hearing  of  interested  property  owners, 
prepare  all  contracts,  receive  bids  and  award  the  work,  subject 
to  the  final  approval  or  disapproval  of  the  Common  Council. 
These  provisions  will  save  a  large  amount  of  routine  work  on  the 
part  of  the  Council,  and  do  away  with  practically  all  technical 
defects  in  special  tax  bills,  which  will  tend  to  reduce  the  price 
of  contract  work  to  be  done  hereafter.  The  uncertainty  and 
litigation  which  arise  from  these  technicalities  have  hitherto 
imposed  upon  the  property  owner  a  great  burden  by  reason  of 
the  large  discounts  to  which  the  contractors  have  been  compelled 
to  submit  in  disposing  of  their  bills,  thus  causing  high  bids  for 
public  work.  The  right  has,  however,  been  carefully  preserved 
to  the  property  owner  to  plead  in  defense  of  all  tax  bills  that 
the  work  has  not  been  done  in  accordance  with  the  contract,  or 
that  errors  have  been  made  in  the  assessment  of  tax  bills. 

Power  is  given  the  city  to  acquire  the  necessary  plants, 
machinery  and  appliances  for  doing  its  own  public  work,  thus 
protecting  the  property  owner  against  extortion,  and  enabling 
the  city  to  be  independent  of  combinations  to  raise  the  price  of 
public  work.  Provisions  are  made  by  which  a  large  amount  of 
land  which  has  hitherto  escaped  taxation  is  made  to  bear  its 
just  share  of  the  public  burdens.  In  cases  where  the  grading 
of  a  public  highway,  including  the  construction  of  bridges,  via¬ 
ducts  and  tunnels,  occasions  an  expense  of  such  magnitude  as  to 
unduly  burden  the  ordinary  limited  benefit  districts,  fixed  by 


XV 


the  present  charter,  the  proposed  charter  provides  an  adequate 
remedy  by  vesting  power  in  the  Council  to  fix  a  larger  benefit 
district  and  provide  for  assessments  and  for  submitting  the  legal¬ 
ity  of  the  proceedings  to  the  determination  of  the  Circuit  Court 
before  any  work  is  done  or  tax  bills  issued  to  pay  for  the  pro¬ 
posed  improvement. 

In  a  word,  the  procedure  in  the  matter  of  public  improve¬ 
ments  is  simplified — the  Common  Council  is  relieved  of  a  great 
volume  of  routine  business,  rates  of  interest  on  tax  bills  are 
reduced,  and  the  cost  of  public  improvements  will  be  materially 
lessened  and  genuine  competition  will  be  secured,  while  the  inter¬ 
est  of  the  property  owners  will  be  materially  safe-guarded  and 
protected. 


Management  of  Fire  Department  and  Water  Works. 

The  necessity  of  co-operation  between  the  Water  Depart¬ 
ment  and  Fire  Department,  in  order  to  secure  proper  fire  pro¬ 
tection  for  the  city  and  lower  the  rates  of  insurance,  points  to 
the  wisdom  of  placing  the  management  of  these  two  departments 
under  a  single  Board.  In  the  proposed  charter  these  two  depart¬ 
ments  will  be  conducted  by  one  Board,  and  will  be  free 
from  political  domination.  It  is  provided  that  this  Board  shall 
be  composed  of  three  men,  well  known  in  the  community  for 
their  intelligence  and  integrity,  who  shall  be  named  by  the 
Mayor  and  be  personally  responsible  to  him  for  the  efficient 
administration  of  these  departments.  Not  more  than  two  mem¬ 
bers  of  this  Board  shall  be  of  the  same  political  party,  and  their 
terms  of  office  shall  be  so  adjusted  as  to  insure  that  the  depart¬ 
ment  will  always  be  under  the  control  of  experienced  men.  It 
is  intended  that  these  important  branches  of  the  city's  business 
shall  be  conducted  with  the  same  simple  and  economical  methods 
that  a  private  corporation  would  use  in  conducting  its  business. 

Under  the  present  charter  the  Board  of  Public  Works  is 
greatly  overworked.  To  relieve  this  situation,  the  Water 
ments  of  the  city’s  business.  To  relieve  this  situation,  the  Water 
Department  is  placed  under  the  management  of  the  Fire  and 
Water  Commissioners,  who  will  be  enabled  to  devote  the  neces¬ 
sary  time  and  attention  to  the  protection  of  the  city’s  water  sup- 
ply. 


XVI 


Provision  is  also  made  by  which  the  Common  Council  shall 
appropriate  twenty-five  per  cent  of  the  total  amount  received  by 
the  city  from  the  tax  on  foreign  insurance  companies  to  aid  in 
the  creation  of  a  fund  for  the  purpose  of  pensioning  crippled 
and  disabled  firemen  and  for  the  relief  of  widows  and  minor 
children  of  deceased  firemen.  The  hazardous  nature  of  the  duties 
of  firemen  and  the  difficulty  the  members  of  this  branch  of  the 
city’s  service  encounter  in  securing  the  protection  of  life  insur¬ 
ance  makes  a  provision  of  this  kind  necessary,  humane  and  just. 

Clean  Streets. 

Perhaps  the  darkest  spot  on  the  administration  of  our 
municipal  affairs  has  been  the  filthy  condition  of  our  public 
thoroughfares.  This  has  occurred  through  no  fault  of  the  offi¬ 
cials  in  charge,  but  from  the  want  of  adequate  means  provided  by 
the  law  to  that  end.  The  new  charter  will  remedy  this  crying 
evil  by  annually  setting  apart  seven  per  cent  of  the  gross  reve¬ 
nues  for  that  particular  purpose,  without  increase  of  taxation. 
It  insures  fair  and  equitable  treatment  to  all  sections  of  the  city 
by  requiring  the  city  to  be  divided  into  districts  and  spending 
in  these  districts  the  amount  of  money  so  set  aside  in  propor¬ 
tion  to  the  assessed  value  of  the  taxable  property  in  each  dis¬ 
trict.  In  other  words,  the  money  contributed  or  raised  for  street 
cleaning  by  any  district  must  be  spent  in  cleaning  the  streets  of 
that  particular  district. 

Parks  and  Boulevards — Maintenance  Tax. 

Our  parks  and  boulevards  are  a  great  source  of  joy  and 
pride  to  our  citizens.  To  be  of  value  they  must  be  maintained, 
but  many  have  expressed  apprehension  of  danger  from  the  unre¬ 
stricted  power  to  levy  the  park  maintenance  tax.  No  such  abuse 
of  power  has  thus  far  occurred,  but  the  new  charter  removes 
the  danger  and  allays  all  such  apprehension  by  limiting  the  tax¬ 
ing  power  to  2\  mills  on  the  $1  valuation.  If  the  2-J  mills 
should  at  any  time  prove  insufficient  for  the  maintenance  of  the 
boulevards,  a  special  assessment  for  that  particular  purpose  may 
be  levied,  but  only  against  property  which  fronts  the  boulevard, 
and  can  in  no  case  exceed  ten  cents  per  f-ront  foot.  Furthermore, 


XVI 1 


the  new  charter  lowers  the  rate  of  interest  on  park  assessments 
from  seven  per  cent  to  six  per  cent  per  annum.  Provision  is 
also  made  by  which  the  proceeds  from  taxes  on  vehicles,  automo¬ 
biles',  etc.,  are  to  be  added  to  the  park  department  funds.  Power 
is  also  given  to  the  Council,  as  in  the  present  charter,  to 
appropriate  such  further  sums  as  may  be  necessary  for  park  pur- 
poses. 

Civil  Service. 

Any  city  in  the  present  state  of  municipal  advancement  and 
progress  which  has  no  provision  for  Civil  Service  is  as  much 
behind  the  times  as  a  city  without  electric  lights,  telephones,  or 

street  cars. 

It  has  been  the  endeavor  of  the  Board  of  Freeholders  to 
provide  a  Civil  Service  system  which  will  be  practical,  fair  and 
efficient.  This  system,  if  it  meets  with  popular  approval,  will 
secure  for  the  city  the  same  kind  of  high  class  talent  and 
service  from  its  army  of  employes  as  is  enjoyed  by  the 
many  successfully  managed  private  corporations  of  the  land. 
There  is  no  calculating  the  monetary  value  to  the  city  of  the 
introduction  of  this  merit  system,  but  the  statement  is  believed 
to  be  conservative,  that  the  results  attained  from  the  expenditure 

of  the  city’s  jevenues,  could  be  accomplished,  under  this  merit 
system,  at  not  more  than  tw-o-thirds  their  present  cost.  It  is 

confidently  believed  that  the  only  reasonable  basis  for  a  hope 
for  any  reduction  in  the  burdens  of  taxation  is  to  be  found  in  the 
application  of  this  merit  system.  The  chief  cities  of  the  country 
have  adopted  it  with  the  most  satisfactory  results,  and  there  is 
no  reason  why  Kansas  City  should  be  one  whit  behind  them. 
The  Civil  Service  article  as  it  has  been  drafted,  neither  legislates 
any  one  out  of  office  nor  perpetuates  any  one  in  office.  It  shortens 
no  official’s  term.  It  disturbs  no  employe  in  his  place  as  it  goes 
into  effect  on  the  third  Monday  in  April,  1910.  No  one  political 
party  is  either  favored  or  injured  by  the  change.  The  Civil 
Service  article,  wffien  reduced  to  its  simplest  terms,  is  a  method 
of  securing  to  the  city  competent  and  efficient  service  from  its 
employes.  The  heads  of  departments  and  high  officials  are 
exempt  from  examinations.  They  are  given  full  power  to  dis¬ 
charge  as  a  necessary  means  of  maintaining  discipline 


XV111 


in  the  service,  but  are  strictly  enjoined  from  making  dis¬ 
missals  for  political  reasons  or  for  any  reason  other  than  for  the 
good  of  the  service,  and  all  temptation  to  violate  this  injunction 
is  removed  as  far  as  possible  by  requiring  the  vacated  place  t;o  be 
filled  by  the  appointment  of  the  person  standing  first  in  point 
of  excellence  on  the  eligible  list.  In  the  examination  for  the  eli¬ 
gible  lists  it  is  to  be  noted  that  the  examination  is  divided  into 
grades,  so  that  it  is  not  mere  book  learning,  but  knowledge  of 
the  actual  duties  to  be  discharged  by  the  employs  that  will 
count  towards  appointment  to  office.  Further  incentive  is  also 
given  to  efficient  service  by  providing  for  promotion  as  a  reward 
for  diligence  and  ability. 

The  adoption  of  a  charter  with  a  Civil  Service  provision  is 
a  distinct  step  in  advance  in  the  history  of  the  city,  and  the 
advantages  to  be  reaped  from  the  provisions  of  this  article  would 
be  felt  by  every  citizen  and  tax  payer. 

Referendum  and  Recall. 

The  charter  provides  for  the  submission  of  franchise  ordi¬ 
nances  to  the  people  for  final  approval  or  rejection.  The  same 
principle  that  is  used  for  the  adoption  of  the  most  important  laws 
of  our  country — our  constitutions — can  thus  be  used  for  the 
consideration  of  questions  of  such  grave  importance  as  the  grant- 

o 

ing  of  franchise  rights  to  public  utility  corporations. 

The  referendum  is  a  method  of  securing  the  highest  degree 
of  self-government.  It  is  the  procedure  by  which  the  political 
power  in  relation  to  the  grant  of  the  city’s  most  valuable  privi¬ 
leges  is  placed  where  it  belongs — in  the  hands  of  the  people. 
The  referendum  has  been  adopted,  tested  and  approved  in  many 
of  the  states  of  the  Union.  The  proposed  charter  provides  that 
no  ordinance  granting  a  franchise  shall  bcome  valid  within 
sixty  days  after  its  enactment  by  the  Common  Council.  If  a  peti¬ 
tion  signed  by  twenty  per  cent  of  the  qualified  voters  of  the  city 
shall  be  filed  with  the  City  Clerk  during  that  time  the  franchise 
must  be  submitted  to  the  people  for  adoption  or  rejection.  The 
Common  Council  is  also  given  power  to  submit  to  the  people 
without  petition  any  franchise  which  in  its  discretion  it  may 
consider  of  sufficient  importance  to  necessitate  the  approval  of 
the  citizens.  It  is  further  provided  that  no  franchise  for  a  period 


XIX 


longer  than  thirty  years  can,  under  any  circumstances,  be  granted 
by  the  Common  Council  without  first  submitting  such  franchise 
to  a  vote  of  the  people.  The  powers  of  the  Common  Council  are 
not  restricted  or  limited  in  making  bargains  in  the  city’s  interest, 
but  the  broadest  power  is  given  to  the  voters  of  the  city  and  the 
Common  Council  to  secure  the  best  possible  terms  for  the  city 
in  selling  valuable  rights  and  privileges. 

A  provision  for  the  recall  of  elective  officers  by  petition 
signed  by  thirty  per  cent  of  the  voters  is  submitted  in  the  alter¬ 
native.  It  is  deemed  necessary  to  have  a  separate  expression  of 
the  will  of  the  people  on  this  section  without  relation  to  the  other 
articles  or  sections  in  the  charter.  So  great  a  divergence  of  opin¬ 
ion  exists  as  to  the  value  and  expediency  of  this  provision  that  it 
was  thought  only  just  that  the  people  should  have  an  opportunity 
to  decide  for  themselves  as  to  whether  this  method  of  removal  of 
public  officials  shall  be  adopted  as  a  part  of  the  organic  law  of 
the  city. 

\ 

Parole  and  Pardon  Board. 

To  relieve  the  Mayor  of  the  burdens  of  hearing  appeals  for 
pardons,  and  to  secure  the  effective  administration  of  justice  in 
cases  of  persons  sentenced  by  the  Municipal  Court,  a  Parole  and 
Pardon  Board  is  provided  for  in  the  new  charter.  This  Board 
will  be  charged  with  the  duty  of  considering  applications  for 
pardons  and  paroles,  and  of  investigating  the  facts  in  connection 
with  such  cases  as  come  before  them.  A  court  sergeant  will 
be  appointed  by  the  Mayor,  chosen  because  of  his  fitness  for  the 
office,  and  irrespective  of  political  affiliations.  He  will  attend  all 
sessions  of  the  Municipal  Court  and  make  sure  that  all  parties 
appearing  for  trial  who  are  without  attorney,  shall  have  their 
defense,  if  any,  fairly  presented  to  the  Court.  It  is  the 
intent  and  purpose  of  this  provision  that  all  who  are  brought 
before  the  Municipal  Court  charged  with  a  violation  of  a  city 
ordinance  shall  have  competent  and  just  advice  at  the  time  of 
their  trial;  that  the  full  administration  of  the  law  in  enforcing 
obedience  to  the  city  shall  be  so  had  that  justice  shall  be  done, 
and  that  in  circumstances  where  it  is  possible,  reformation  may 
be  wrought  in  those  who  have  been  guilty  of  wrong-doing. 


XX 


Other  Extensions  of  the  City’s  Powers. 

Under  the  present  charter  there  is  no  power  to  make  an 
adequate  contract  for  the  disposition  or  removal  of  garbage. 
Experience  has  demonstrated  that  this  can  only  be  done  by 
building  extensive  garbage  reduction  works.  The  best  results 
have  been  obtained  by  securing  the  removal  of  garbage  by  con¬ 
tract,  running  for  a  sufficient  length  of  time  to  warrant  the  con¬ 
tractor  in  investing  the  necessary  capital  for  the  building  and 
operation  of  such  plant  or  works.  Consequently  it  has  been 
provided  that  such  contracts  may  be  made  by  the  Common 
Council  and  the  Hospital  and  Health  Board  for  periods  of  not 
longer  than  ten  years.  By  the  exercise  of  this  power,  it  is  hoped 
that  in  the  near  future  Kansas  City  may  be  -enjoying  the  same 
advantages  as  other  cities  that  have  adopted  this  system  where 
garbage  is  not  only  removed  without  cost,  but  at  an  actual  profit 
to  the  city. 

Ample  powers  are  given  to  the  city  to  construct  an  ade¬ 
quate  sewer  system,  thus  anticipating  those  limitations  which 
the  government  may  impose  upon  the  city  in  the  disposition  of 
its  sewage  and  garbage  in  navigable  streams. 

In  the  new  charter  the  city  is  clothed  with  power  to  con¬ 
struct  a  garbage  reduction  plant  and  sewer  outlets  and  disposal 
works  and  to  acquire  necessary  land  for  same  within  or  without 
the  limits  of  the  city. 

Without  specifying  any  one  particular  method  for  the  solu¬ 
tion  of  these  problems,  the  new  charter  confers  the  necessary 
corporate  powers  upon  the  city  and  provides  the  proper  machin¬ 
ery  for  their  exercise. 

All  Boards  are  made  uniform  in  number  and  qualifications; 
the  terms  of  office  are  so  arranged  that  each  will  be  a  continu¬ 
ing  Board,  thus  insuring  at  all  times  the  services  of  experienced 
men. 

A  day  is  set  apart  in  each  year  to  be  known  and  observed 
as  “Charity  Day,”  on  which  appropriate  measures  may  be  taken 
for  alleviating  the  condition  of  the  poor  and  needy. 

In  order  that  no  stoppage  may  occur  in  public  work  by 
the  adoption  of  a  new  charter,  provision  is  made  that  all  such 
work  shall  go  on  to  completion  under  the  old  charter,  when 
such  proceedings  have  been  so  begun. 


XXI 


The  New  Charter  in  Brief. 

The  new  charter  enlarges  and  extends  the  powers  given  to 
the  city  by  the  present  charter,  preserving  all  of  the  excellent 
features  of  that  instrument,  which  have  been  tested  by  time  and 
experience,  and  adding  only  such  features  as  are  necessary  to 
enable  the  city  to  meet  the  conditions  and  problems  which  are 
before  it.  As  framed,  its  purpose  is  to  safe-guard  the  interests 
of  the  citizens  for  whom  it  constitutes  the  local  organic  law,  and 
whose  interests  are  vitally  affected  by  it. 

The  members  of  the  Board  of  Freeholders  have  spent  three 
months  of  continuous  labor  on  the  proposed  new  charter,  and 
now  return  it  to  the  Mayor  as  required  by  law,  to  be  accepted 
or  rejected  by  the  people  at  a  special  election  to  be  held  on 
August  4th,  1908. 


CHARTER 


ARTICLE  I. 

(  '  .  .  S 

Corporate  Powers, — Boundaries  and  Wards. 

r 

Section  1.  The  municipal  corporation  known  as  “Kansas 
City,”  comprising  the  inhabitants  of  all  that  district  of  country 
embraced  within  the  limits  prescribed  in  the  next  succeeding 
section  hereof,  and  any  extension  of  said  limits  hereafter  made, 
shall  be  and  continue  a  body  politic  and  corporate  by  the  name 
and  style  of  Kansas  City,  and  by  that  name  shall  have  perpetual 
succession,  may  sue  and  be  sued,  implead  and  be  impleaded,  de¬ 
fend  and  be  defended  in  any  courts  of  law  or  equity  and  in  all 
actions  whatsoever: 

May  make  and  use  a  corporate  seal  and  alter  the  same  at 
pleasure;  may  acquire  by  gift,  devise,  bequest,  purchase,  lease, 
condemnation  proceedings,  or  otherwise,  and  hold  and  use  lands 
or  other  property,  either  within  or  outside  of  the  corporate  limits 
of  the  city,  for  water  works  to  supply  the  city  and  its  inhabit¬ 
ants,  or  any  person,  firm  or  corporation,  with  water;  for  gas 
works  and  other  works  and  plants  for  the  supplying  of  the  city 
and  its  inhabitants,  or  any  person,  firm  or  corporation,  with 
light,  heat  and  power,  refrigeration  and  cold  storage,  or  any  of 
them;  for  public  parks,  cemeteries,  crematories,  penal  and  char¬ 
itable  institutions,  or  any  of  them;  for  hospitals,  quarantine  sta¬ 
tions,  markets,  wharves,  dikes,  revetments,  engine  houses,  fire 
stations,  depots,  terminals,  tracks,  rights-of-way  for  sewers,  sew¬ 
age  reduction  plants  and  devices,  conduits,  pipe  lines,  pole  lines, 
telegraph  or  telephone  lines,  viaducts,  bridges,  tunnels  and  sub¬ 
ways,  or  any  other  purpose  within  the  class  of  public  utilities, 
or  for  the  exercise  of  the  powers  herein  granted  or  provided  for, 
and  that  may  hereafter  be  granted  or  provided  for,  or  for  any 
other  public  purpose: 

May  also  acquire,  in  any  manner  aforesaid,  and  hold  and 
use  lands  or  other  property,  whether  specifically  enumerated 
herein  or  not,  within  or  outside  of  the  State  of  Missouri,  when 
deemed  by  the  Common  Council  necessary,  advantageous  or  ex¬ 
pedient  for  any  of  the  uses  aforesaid,  or  for  any  municipal  pur¬ 
pose,  when  not  prohibited  by  law : 

May  also  acquire,  in  any  manner  aforesaid,  take,  hold,  use 


2 


and  improve,  any  property,  real,  personal  or  mixed,  either  with  ¬ 
in,  or  outside  of,  the  corporate  limits  of  the  city,  for  art  gal¬ 
leries,  museums,  or  any  educational,  benevolent,  charitable,  or 
other  public  purpose,  whatsoever,  and  may  do  all  acts  necessary 
to  carry  out  the  purposes  of  any  such  bequest,  devise  or  gift, 
and  purposes  for  which  said  property  shall  have  been  acquired, 
or  be  held : 

May  establish  and  maintain  museums,  art  galleries,  public 
libraries,  reading  rooms  and  penal  and  charitable  institutions: 

May  erect,  construct  and  maintain  public  buildings,  public 
works  and  crematories,  and  may  lay  out,  establish  and  maintain 
public  parks  and  cemeteries: 

May  construct  and  maintain  sewers,  drains,  and  all  works 
necessary  for  the  disposition  of  sewage  and  garbage: 

May  lay  out,  open,  extend,  widen,  improve,  maintain,  or 
vacate  streets  and  alleys,  sidewalks  and  crossings  and  all  public 
highways, and  regulate  the  use  of  same: 

May  sell,  lease  or  otherwise  dispose  of  any  property,  real, 
personal  or  mixed,  including  any  contract  rights,  of  the  city, 
subject  to  the  restrictions  imposed  by  this  charter,  or  the  con¬ 
stitution  of  the  State: 

May  manage,  control,  operate,  and  improve  any  property 
it  may  acquire,  or  hold,  in  any  manner  aforesaid,  and  may  sell, 
lease,  or  otherwise  dispose  of  the  products,  use  or  service  of  any 
public  utilities  now  or  hereafter  under  its  control: 

May  exercise  the  powers  of  eminent  domain  and  of  taxa¬ 
tion;  also  the  power  of  enforcing  payment  for  public  improve¬ 
ments  by  special  assessments,  or  otherwise;  and  may,  by  amend¬ 
ment  of  this  charter,  extend  its  limits  as  defined  herein,  so  as 
to  include  new  and  additional  territory:  ' 

May  protect  the  property  of  the  city  and  the  lives  and  prop¬ 
erty  of  its  inhabitants  from  floods  and  inundations  and  the  dan¬ 
ger  thereof;  and, 

May  exercise  all  municipal,  incidental  and  business  powers 
necessary  or  which  may  be  deemed  expedient  for  the  complete 
and  efficient  management  and  control  of  the  municipal  prop¬ 
erty  and  administration  of  the  municipal  government  and  neces¬ 
sary  to  maintain  the  public  peace,  protect  property  and  promote 
the  public  welfare,  and  preserve  the  health  of  the  inhabitants 
of  the  city,  whether  such  powers  be  expressly  enumerated  herein 
or  not;  and  may. have  and  exercise  within  the  city  limits  and 
over  all  property  owned  by  the  city,  all  governmental  and  police 
powers,  subject  to  the  limitations  prescribed  by  the  constitution 
and  laws  of  this  State  and  the  United  States: 


3 


Sec.  2.  The  corporate  limits  of  Kansas  City  shall  include 
all  that  district  of  country  in  the  County  of  Jackson,  State  of 
Missouri,  described  and  bounded  as  follows: 

Commencing  at  a  point  where  the  western  boundary  line 
of  the  State  of  Missouri  intersects  the  center  line  of  the  main 
channel  of  the  Missouri  river;  thence  south  and  along  said  west¬ 
ern  boundary  line  of  the  State  of  Missouri  to  a  point  180  feet 
south  of  and  at  a  right  angle  to  the  south  line  of  section  19, 
township  forty-nine,  range  thirty-three;  thence  east  on  a  line 
parallel  to  the  south  line  of  section  19,  township  forty-nine, 
range  thirty-three,  to  a  point  180  feet  west  of  the  north  and 
south  center  line  of  section  30,  township  forty-nine,  range  thirty- 
three;  thence  south  on  a  line  parallel  to  the  north  and  south  cen¬ 
ter  line  of  section  30,  township  forty-nine,  range  thirty-three 
to  a  point  180  |eet  south  of  the  east  and  west  center  line  of  sec¬ 
tion  30,  township  forty-nine,  range  thirty-three;  thence  east  on 
a  line  parallel  to  the  east  and  west  center  line  of  section  30, 
township  forty-nine,  range  thirty-three,  to  a  point  180  feet  west 
of  the  east  line  of  section  30,  township  forty-nine,  range  thirty- 
three;  thence  south  on  a  line  parallel  to  the  east  line  of  section 
30,  township  forty-nine,  range  thirty-three  to  a  point  on  the 
east  and  west  center  line  of  the  south  half  of  section  30,  town¬ 
ship  forty-nine,  range  thirty-three;  thence  east  along  the  center 
lines  of  the  south  halves  of  sections  30,  29,  28  and  27,  township 
forty-nine,  range  thirty-three,  to  a  point  160  feet  east  of  the 
west  line  of  section  27,  township  forty-nine,  range  thirty-three; 
thence  north  on  a  line  parallel  to  the  west  lines  of  sections  27 
and  22,  township  forty-nine,  range  thirty-three,  to  a  point  160 
feet  south  of  the  north  line  of  section  22,  township  forty-nine, 
range  thirty-three;  thence  east  on  a  line  parallel  to  the  north 
line  of  section  22,  township  forty-nine,  range  thirty-three,  to  a 
point  160  feet  east  of  the  north  and  south  center  line  of  section 
22,  township  forty-nine,  range  thirty-three:  thence  north  on  a 
line  parallel  to  the  north  and  south  center  lines  of  sections  22 
and  15,  township  forty-nine,  range  thirty-three,  to  a  point  160 
feet  south  of  the  east  and  west  center  lines  of  section  15,  town¬ 
ship  forty-nine,  range  thirty-three;  thence  east  on  a  line  parallel 
to  the  east  and  west  center  line  of  section  15.  township  forty- 
nine,  range  thirty-three,  to  a  point  160  feet  east  of  the  north 
and  south  center  line  of  the  east  half  of  section  15,  township 
forty-nine,  range  thirty-three;  thence  north  on  a  line  parallel 
to  the  north  and  south  center  line  of  the  east  half  of  section  15, 
township  forty-nine,  range  thirty-three,  to  a  point  160  feet  south 
of  the  north  line  of  section  15,  township  forty-nine,  range  thirty- 
three  ;  thence  east  on  a  line  parallel  to  the  north  lines  of  sections 
15  and  14,  township  forty-nine,  range  thirty-three,  to  a  point 


4 


160  feet  east  of  the  north  and  south  center  lines  of  the  east  half 
of  section  14,  township  forty-nine,  range  thirty-three;  thence 
north  on  a  line  parallel  to  the  center  line  of  the  east  halves  of 
sections  14  and  11,  township  forty-nine,  range  thirty-three,  to 
a  point  160  feet  south  of  the  north  line  of  section  11,  township 
forty-nine,  range  thirty-three:  thence  east  on  a  line  parallel  to 
the  north  lines  of  sections  11  and  12,  township  forty-nine,  range 
thirty-three,  and  section  7,  township  forty-nine,  range  thirty- 
two,  to  a  point  160  feet  east  of  the  north  and  south  center  line 
of  section  7,  township  forty-nine,  range  thirty-two;  thence  north 
and  parallel  to  the  center  lines  of  sections  7  and  6,  township 
forty-nine,  range  thirty-two,  to  the  north  line  of  section  6,  town¬ 
ship  forty-nine,  range  thirty-two;  thence  west  along  the  north 
line  of  section  6,  township  forty-nine,  range  thirty-two,  to  the 
north  and  south  center  line  of  section  31,  township  fifty,  range 
thirty-two;  thence  north  and  along  the  north  and  south  center 
line  of  section  31,  township  fifty,  range  thirty-two,  to  the  north 
line  of  section  31,  township  fifty,  range  thirty-two;  thence  west 
along  the  north  line  of  section  31,  township  fifty,  range  thirty- 
two,  and  the  north  lines  of  sections  36,  35  and  34,  township 
fifty/  range  thirty-three,  to  a  point  130  feet  east  of  the  north 
and.  south  center  line  of  the  east  half  of  section  '27,  township 
fifty,  range  thirty-three;  thence  north  on  a  line  parallel  to  the 
north  and  south  center  lines  of  the  east  halyes  of  sections  27 
and  22,  township  fifty,  range  thirty-three,  to  the  center  line  of 
the  main’ channel  of  the  Missouri  river;  thence  westwardly  with 
the  meanderings  of  the  center  line  of  the  main  channel  of  the 
Missouri  river  to  the  place  of  beginning. 

Sec.  3.  Kansas  City  shall,  until  otherwise  provided  by 
ordinance,  be  divided  into  fourteen  wards,  the  respective  num¬ 
bers  and  boundaries  of  which  shall  be  and  remain  as  defined  by 
ordinances  in  force  at  the  time  this  charter  shall  go  into  effect, 

until  changed  or  modified  by  ordinance.' 

« 

Sec.  4.  Said  city  may,  at  any  time  or  times,  extend  its 
limits.  Any  extension  of  the  city  limits  shall  be  made  by  amend¬ 
ment  of  this  charter,  in  the  manner  provided  by  this  charter 
and  the  constitution  and  laws  of  this  State.  The  proposal  there¬ 
for  shall  be  made  by  ordinance  in  the  form  of  a  proposed  amend¬ 
ment  of  the  charter,  specifying  with  accuracy  the  new  line  or 
lines  to  which  it  is  proposed  to  extend  such  limits.  All  courts 
of  this  State  shall  take  judicial  notice  of  the  limits  of  said  city 
when  thus  extended  and  of  all  the  steps  in  the  proceedings  lead¬ 
ing  thereto;  provided,  that  should  said  city  by  such  extension 
of  its  territorial  limits  include  any  portion  of  any  incorporated 
city,  town  or  village,  such  extension  shall  be  made  to  include 


5 


the  whale  territory  of  such  incorporated  city,  town  or  village, 
and  upon  such  extension  being  made,  the  corporate  existence  of 
such  incorporated  city,  town  or  village  so  included  in  such  ex¬ 
tension  shall,  ipso  facto ,  cease,  and  all  property  and  rights  of 
every  kind  and  nature  belonging  to  and  vested  in  such  incorpor¬ 
ated  city,  town  or  village,  shall,  by  operation  of  law,  at  once 
pass  to  and  vest  in  said  Kansas  City,  and  it  shall  be  the  duty 
of  all  officers  and  employes  of  such  incorporated  city,  town  or 
village,  having  custody  or  control  thereof,  to  surrender  and 
deliver  the  same  to  said  Kansas  City,  and  said  Kansas  City 
shall  also,  by  operation  of  law,  assume  and  become  liable  to  pay 
all  debts  and  liabilities  of  such  incorporated  city,  town  or  vil¬ 
lage;  provided ,  further,  that  before  said  Kansas  City  shall  ex¬ 
tend  its  limits  so  as  to  include  any  incorporated  city,  town  or 
village,  four-sevenths  of  the  qualified  voters  of  the  incorporated 
city,  town  or  village,  so  desired  to  be  included  within  the  limits 
of  said  Kansas  City,  shall  vote  in  favor  of  such  proposition  at 
an  election  held  for  that  purpose  to  be  determined  in  the  fol¬ 
lowing  manner,  to-wit:  Whenever  said  Kansas  City  shall  de¬ 
sire  to  include  within  its  limits  any  incorporated  city,  town  or 
village,  the  Mayor  of  said  Kansas  City  shall  inform  the  Mayor, 
or  other  chief  officer,  of  the  incoporated  city,  town  or  village 
proposed  to  be  so  taken  in,  of  the  intention  to  include  said  city, 
town  or  village  within  the  limits;  and  the  Mayor  thereof  shall 
order  a  special  election  to  determine  the  wishes  of  said  city, 
town  or  village,  giving  twenty  days’  public  notice  of  the  time 
and  places  of  holding  such  election,  and  the  purposes  for  which 
it  is  to  be  held;  said  election  to  be  governed  by  the  general  laws 
governing  said  city,  town  or  village  in  respect  to  the  holding 
of  general  elections,  and  if  four-sevenths  of  the  qualified  voters 
voting  at  such  election  shall  vote  in  favor  of  the  proposed  ex¬ 
tension,  the  Mayor  or  other  chief  officer  of  such  incorporated 
city,  town  or  village  shall  certify  the  result  to  the  Mayor  of 
said  Kansas  City,  and  said  city  may  proceed  to  extend  its  limits 
as  provided  in  this  charter,  the  constitution  and  laws  of  the 
Statd 

Sec.  5.  Whenever,  by  extension  of  its  territorial  limits, 
as  aforesaid,  new  territory  is  annexed  to  the  city,  the  Common 
Council  shall,  by  ordinance,  and  subject  to  the  limitations  of  the 
next  succeeding  section,  organize  the  same  into  a  new  ward  or 
wards,  or  attach  the  same  to  some  existing  ward  or  wards,  long 
enough  before  the  next  ensuing  general  city  election  to  enable 
electors  in  such  annexed  territory  to  register,  and  all  other 
proper  steps  be  taken  according  to  law,  so  that  the  electors  of 
such  annexed  territory  may  have  full  opportunity  to  register 
and  vote  at  such  election.  Actual  residents  of  any  territory  at 


the  time  of  the  annexation  thereof  as  aforesaid,  shall,  if  other¬ 
wise  qualified,  be  qualified  electors  of  the  city  and  be  eligible  to 
any  office  therein  at  the  next  general  city  election  following 
such  annexation. 

Sec.  6.  Whenever  the  corporate  limits  of  the  city  shall 
be  so  extended,  and  whenever  and  as  often  as  the  population  of 
the  city,  or  any  ward  or  wards  thereof,  have  been,  or  may  be 
so  increased  or  diminished  as  to  render  necessary,  in  the  opinion 
of  the  Common  Council,  a  redivision  or  redistricting  of  the  cor¬ 
poration  into  wards,  or  a  change  in  the  boundary  of  any  ward 
or  wards,  the  same  may  be  done  by  ordinance,  and  the  Common 
Council  shall,  at  least  once  in  every  five  years  after  the  adop¬ 
tion  of  this  charter,  redistrict  the  city  into  wards,  and  establish 
ward  limits,  which  shall  as  nearly  as  practicable  equalize  the 
population  in  each  ward;  provided,  however,  that  the  territory 
within  the  city  limits  shall  never,  at  any  time,  be  so  divided  as 
to  consist  of  more  than  sixteen  wards,  until  the  city  shall  have 
attained  a  population  of  more  than  four  hundred  thousand;  and 
thereafter,  and  as  often  as  fifty  thousand  inhabitants  shall  be 
added  to  said  city,  the  number  of  said  wards  may  be  increased 
by  not  more  than  two  to  each  fifty  thousand  of  increased  popu¬ 
lation. 

Sec.  7.  Upon  the  introduction  of  any  ordinance  either  for 
extending  the  limits  of  the  city,  or  for  making  any  change  or 
changes  in  the  wards  of  the  city,  into  either  house  of  the  Com¬ 
mon  Council,  the  Common  Council  shall,  before  the  passage 
thereof,  by  resolution,  require  the  City  Clerk  to  publish  a  copy 
of  the  ordinance  in  at  least  one  daily  newspaper  published  in 
the  city,  to  be  designated  in  the  resolution,  for  at  least  three 
weeks  within  the  four  weeks  next  after  the  passage  of  such  reso¬ 
lution.  After  such  publication  proof  thereof  shall  be  made  and 
filed  with  the  City  Clerk,  and  if  the  house  into  which  said  ordi¬ 
nance  may  have  been  introduced  shall  be  satisfied  that  such  pub¬ 
lication  has  been  made,  it  shall  by  a  vote  so  find,  and  the  clerk 
shall  make  a  record  of  such  finding  in  the  book  or  record  of  the 
current  proceedings  of  that  house,  which  record  shall  be  con¬ 
clusive  evidence  of  the  truth  of  the  facts  so  found.  Should  said 
ordinance  be  amended  in  either  house  after  such  publication, 
then  the  ordinance  as  amended  shall  be  again  published  for  th£ 
same  time  and  proceeded  with  in  all  respects  as  in  the  case  of 
the  original  ordinance.  If  such  ordinance  is  passed  by  the  Com¬ 
mon  Council  at  the  first  or  second  regular  meeting  after  such 
last  publication  and  finding,  and  not  later,  and  duly  approved 
by  the  Mayor,  the  proceeding  to  extend  such  limits  shall  be 


I 


7 

r  ‘ 1 

completed  in  the  manner  herein  provided,  unless  such  ordinance 
be  repealed  or  altered.  Before  such  proposed  amendment  to 
the  charter  shall  be  of  any  force  and  effect,  it  shall  be  submitted 
to  and  accepted  by  three-fifths  of  the  qualified  voters  of  Kansas 
City  at  a  general  or  special  election  provided  by  ordinance  for 
such  purpose.  The  city  shall  have  power  to  call  and  hold  a 
special  election  for  such  purpose  at  such  time  and  in  such  man¬ 
ner  as  may  be  provided  by  ordinance  and  the  constitution  and 
laws  of  the  State.  The  votes  cast  at  such  election  shall  be  can¬ 
vassed,  the  result  ascertained  and  declared  in  such  manner  as 
may  be  provided  by  ordinance  and  the  laws  of  the  State,  and  if 
the  proposed  amendment  to  the  charter  be  accepted  and  approved, 
the  same  shall  thereafter  be  in  full  force  and  effect. 

i 

Sec.  8.  In  case  of  a  redistricting  or  division  of  the  city 
into  wards,  creation  of  any  new  ward  or  wards,  or  change  of 
boundary  of  any  ward  or  wards,  every  qualified  elector  residing 
in  any  ward  at  any  general  city  election  next  thereafter,  duly 
registered,  shall  be  a  qualified  voter  of  such  ward,  and  nothing 
in  this  charter  contained  shall  be  so  construed  as  to  prevent  any 
elector  from  voting  or  being  eligible  to  any  office  by  reason 
merely  of  such  redistricting  or  division,  or  creation  of  any  new 
ward  or  wards,  or  change  in  the  boundary  of  any  ward  of  wards. 

Sec.  9.  Territory  shall  not  be  annexed  to  the  city  within 
four  months  next  preceding  any  general  city  election,  nor  shall 
there  be  a  redistricting  of  the  city  into  wards,  or  change  of  boun¬ 
dary  of  any  ward  or  wards,  or  creation  of  any  new  ward  or 
wards,  within  two  months  next  preceding  any  general  city  elec¬ 
tion. 


Sec.  10.  All  wards  which  may  be  established  by  ordinance 
as  aforesaid  shall  be  composed  of  adjacent  and  compact  terri¬ 
tory,  and  the  several  wards,  at  the  time  of  redistricting,  shall 
contain  as  nearly  an  equal  number  of  inhabitants  as  may  be  prac¬ 
ticable.  The  wards  shall  be  numbered  consecutively  from  one 
up  to  the  highest  number  thus  established.  . 

Sec.  11.  Whenever  any  change  in  the  number  of  wards, 
or  alteration  in  the  boundaries  of  anv  ward,  shall  be  made,  or 
new  wards  shall  be  established,  there  shall  be  no  election  or 
appointment  of  any  member  of  either  house  of  the  Common 
Council  on  account  thereof  until  the  next  general  city  election. 

Sec.  12.  Nothing  in  this  article  contained  shall  be  con¬ 
strued  to  limit  or  abridge  the  term  of  office  which  any  member 


8 


of  the  Common  Council  of  the  city  shall  be  elected  to  fill,  and 
every  member  of  the  lower  house  shall  be  deemed  and  taken  for 
the  residue  of  the  term  for  which  he  may  have  been  elected  a 
member  for  that  ward  in  which  his  actual  residence  and  place  of 
abode  may  be  at  the  time  of  any  division  of  the  city  into  wards, 
the  creation  of  any  new  ward  or  wards,  or  changing  the  boun¬ 
daries  of  any  ward  or  wards. 


\ 


ARTICLE  II. 


The  Common  Council. 

Section  1.  There  is  hereby  established  in  the  city  a  Com¬ 
mon  Council  which  shall  consist  of  two  houses  of  legislation, 
one  to  be  called  the  upper,  and  the  other  the  lower  house.  The 
upper  house  shall  consist  at  all  times  of  as  many  members  as 
there  are  wards  in  the  city,  who  shall  be  elected  on  a  general 
ticket  by  the  qualified  voters  of  the  city.  The  lower  house  shall 
consist  of  one  member  from  each  ward  of  the  city.  The  mem¬ 
bers  of  both  houses  shall  be  citizens  of  the  United  States,  and 
of  the  State  of  Missouri,  and  qualified  voters  of  the  city;  shall 
have  paid  city  and  county  taxes  for  two  years  next  before  the 
day  of  their  election,  and  shall,  before  the  day  of  election,  have 
attained  the  age  of  twenty-five  years,  and  shall,  at  same  date, 
have  resided  for  three  years  in  the  territory  embraced  within  the 
city  limits.  * 

»  »  '  *  . 

Sec.  2.  The  members  of  the  upper  house  of  the  Common 
Council  shall  be  elected  for  the  term  of  four  years.  The  mem¬ 
bers  of  the  upper  house  of  the  Common  Council  of  said  Kansas 
City  in  office  at  the  time  this  charter  goes  into  effect,  shall 
become  and  constitute  the  first  upper  house  of  the  Common  Coun¬ 
cil  hereunder,  and  shall  hold  office  until  the  expiration  of  the 
term  for  which  they  were  respectively  elected.  At  the  general 
city  election  to  be  held  in  April,  1910,  and  at  each  general  city 
'election  to  be  thereafter  held,  as  in  this  charter  provided,  mem¬ 
bers  of  the  upper  house  shall  be  elected  to  succeed  those  whose 
term  of  office  will  expire  with  the  fiscal  year  in  which  such  elec¬ 
tion  shall  be  held.  Whenever  the  number  of  wards  in  the  city 
is  increased,  additional  members  shall  be  elected  to  the  upper 
house  at  the  first  general  city  election  thereafter  equal  in  num-< ' 
ber  to  the  additional  number  of  wards.  One-half  of  the  addi¬ 
tional  number  so  elected,  receiving  the  highest  number  of  votes, 
shall  hold  their  office  for  four  years,  and  the  other  half  for  two 
years ;  provided,  that  if  an  odd  number  of  wards  be  added  at  any 
one  time,  the  additional  members  first  elected  thereafter  shall  be 
divided  into  two  classes  as  nearly  equal  in  number  as  may  be 
possible,  and  the  larger  class  which  shall  contain  those  receiving 
the  highest  number  of  votes,  shall  hold  their  office  for  four  years 
and  the  other  class  for  two  years;  except  that  when  only  one 
new  ward  is  added  at  any  one  time,  the  additional  member  first 
elected  thereafter  shall  hold  his  office  for  four  years.  In  case  of 


10 


a  tie  it  shall  be  determined  by  lot  in  the  presence  of  the  upper 
house  which  member  or  members  shall  hold  for  two  years  and 
which  for  four  years.  The  term  “additional  members”  or  “addi¬ 
tional  member”  shall  be  construed  to  mean  the  number  of  new 
members  made  necessary  hereunder  whenever  the  number  of 
wards  in  the  city  is  increased,  and  shall  refer  to  those  members 
of  the  upper  house  first  elected  thereafter,  equal  in  number  to 
the  number  of  additional  wards,  who  shall  receive  the  lowest 
number  of  votes  at  said  election. 

Sec.  3.  Each  member  of  the  lower  house  shall  be  elected 
for  a  term  of  two  years,  and  in  addition  to  the  other  qualifica¬ 
tions  required  by  this  charter,  shall  at  the  date  of  his  election 
have  resided  for  one  year  in  the  ward  which  he  may  be  chosen 
to  represent.  Each  member'  shall  be  elected  by  the  qualified  vot¬ 
ers  of  the  ward  which  he  may  be  chosen  to  represent,  and  if, 
after  his  election  he  shall  remove  from  such  ward,  his  office  shall 
thereby  be  vacated.  The  members  of  the  lower  house  of  the 
Common  Council  of  said  Kansas  City  in  office  at  the  time  this 
charter  goes  into  effect  shall  become  and  constitute  the  first 
lower  house  of  the  Common  Council  hereunder  and  shall  hold 
office  until  the  expiration  of  the  term  for  which  they  were  respec¬ 
tively  elected. 

Sec.  4.  Every  member  of  the  Common  Council  shall  also 
possess  the  following  qualifications :  He  shall  not  be  directly  or 
indirectly  interested  in  any  contract  with  the  city,  or  any  depart¬ 
ment  or  institution  thereof,  or  in  any  petition  or  application  for 
any  franchise  from  the  city,  or  in  furnishing  any  supplies  to  the 
city,  or  any  department  thereof,  or  to  any  contractor  under  the 
city,  or  in  the  sale  or  purchase  of  any  property  to  or  by  the  city, 
nor  shall  he  be  an  officer,  stockholder  or  employe  of  any  person, 
firm  or  corporation  so  interested  as  aforesaid,  nor  of  any  per¬ 
son  or  firm  or  corporation  discharging  a  public  or  quasi-public 
service  under  a  franchise  from  the  city,  nor  shall  he  be  directly 
or  indirectly  interested  in  the  sale  or  purchase  of  supplies  or 
material,  or  insurance,  or  the  making  of  bonds,  to  or  by  any  per¬ 
son,  firm  or  corporation  contracting  with  the  city  or  applying 
to  the  city  for  any  permit  or  privilege  requiring  action  by  the 
Common  Council,  and  he  shall  not  be  indebted  to  the  state, 
county,  or  city  on  account  of  any  tax.  He  shall  not  have  been 
convicted  of  malfeasance  in  office,  bribery  or  other  corrupt  prac¬ 
tices  or  crimes.  Before  any  member  of  the  Common  Council 
shall  take  his  seat  or  perform  the  duties  of  his  office,  he  shall  take 
and  subscribe  an  oath  before  the  City  Clerk  that  he  possesses  all 
the  qualifications  for  the  office  to  which  he  is  chosen,  and  is  not 


11 


subject  to  any  of  the  disqualifications  in  this  charter  named,  and 
that  he  will  support  the  Constitution  of  the  United  States  and 
of  this  State  and  the  provisions  of  this  charter,  and  faithfully 
discharge  the  duties  of  .his  office.  Any  member  who  shall  at  any 
time  during  his  term  cease  to  possess  any  of  the  qualifications 
mentioned  in  this  charter  shall  thereby  forfeit  his  office,  and  the 
same  shall  be  filled  as  provided  for  in  cases  of  other  vacancies. 
Such  forfeiture  may  be  determined  and  declared  by  any  court 
of  competent  jurisdiction,  on  information  in  the  nature  of  quo 
zvarranto  at  the  relation  of  the  city  or  of  any  one  or  more  of  the 
tax  payers  or  qualified  voters  thereof. 

Sec.  5.  Each  member  of  the  Common  Council  shall  receive 
for  his  services  as  councilman  the  sum  of  Five  Dollars  for  each 
meeting  of  the  Council  which  he  shall  attend  during  his  term 
of  office ;  provided ,  hozvever ,  that  no  extra  compensation  shall  be 
allowed  to  such  councilman  for  serving  on  any  committee,  agency 
or  commission  whatever,  when  appointed  to  perform  such  ser¬ 
vices  by  either  or  both  houses  of  the  Common  Council  during 
his  term  of  office,  and  in  no  case  shall  the  aggregate  sum  paid 
to  such  councilman  for  services  above  enumerated  exceed  the 
sum  of  Three  Hundred  Dollars  per  annum. 

Sec.  6.  The  upper  house  shall  choose  one  of  its  own  mem¬ 
bers  to  preside  over  its  deliberations,  who  shall  be  known  as 
president.  The  lower  house  shall  choose  one  of  its  own  mem¬ 
bers  to  preside  over  its  deliberations,  who  shall  be  known  as 
speaker.  Each  house  shall  appoint  a  sergeant-at-arms  and  his 
assistants. 

Sec.  7.  Each  house  shall  be  the  judge  of  the  election, 
return  and  qualifications  of  its  own  members  and  shall  determine 
contested  elections  of  its  own  members,  subject  to  the  limita¬ 
tions  prescribed  by  the  constitution  and  laws  of  this  State.  Each 
house  shall  determine  the  rules  of  its  own  proceedings,  except 
as  herein  provided;  may  arrest  and  punish  by  fine  not  exceed¬ 
ing  Fifty  Dollars  or  imprisonment  in  the  city  prison  not  exceed¬ 
ing  three  days,  or  both,  any  person  not  a  member  who  shall  be 
quilty  of  disespect  to  such  house  by  any  disorderly  or  con¬ 
temptuous  behavior  in  its  presence  during  its  session;  may  pun¬ 
ish  its  members  for  disorderly  conduct,  and  by  an  affirmative 
vote  of  two-thirds  of  its  members  elect,  may  suspend  or  expel 
a  member  of  such  house  for  disorderly  conduct,  disqualification 
as  set  forth  in  section  four  of  this  article,  or  for  malfeasance  in 
office.  A  majority  of  all  the  members  elect  of  each  house  shall 
constitute  a  quorum  to  do  business,  but  a  smaller  number  may 


12 


I 


adjourn  from  day  to  day  and  may  compel  the  attendance  of 
absent  members  in  such  manner  and  under  such  penalties  as  each 
house  may  provide. 

Sec.  8.  Each  house  shall  keep  a  jounal  of  its  poceedings, 
and  the  yeas  and  nays  of  its  members  on  any  question  shall,  at 
the  request  of  any  two  members,  be  entered  therein,  and  the 
yeas  •  and  nays  shall  be  recorded  on  the  final  passage  of  all 
ordinances. 

Sec.  9.  A  vote  of  the  majority  of  all  members  elect  of 
each  house  shall  be  necessary  to  pass  ordinances  for  public  im¬ 
provements,  ordinances  appropriating  money  for  any  purpose, 
and  ordinances  in  anywise  increasing  or  diminishing  the  city 
revenue. 

Sec.  10.  No  member  of  the  Common  Council  shall,  during 
the  term  for  which  he  is  elected,  be  appointed  to  any  office  under 
the  city,  nor  shall  he,  while  such  member,  be  an  employe  of  the 
city  in  any  capacity  whatever. 

Sec.  11.  All  vacancies  that  may  occur  in  the  Common 
Council  from  any  cause  shall  be  filled  until  the  next  general  city 
election  thereafter,  by  a  vote  of  the  majority  of  a  legal  quorum 
of  the  house  in  which  such  vacancy  exists,  at  any  regular  meet¬ 
ing  thereof  held  after  the  meeting  at  which  such  vacancy  shall 
have  been  reported  to  such  house.  At  the  next  general  city 
election  thereafter  such  vacancies  shall  be  filled  by  vote  of  the 
people  for  the  unexpired  portion,  if  any,  of  the  term  of  office  in 
which  the  vacancy  exists.  No  member  shall  be  elected  to  any 
.  vacancy  who  does  not  possess  the  qualifications  required  for 
membership  in  the  house  in  which  such  vacancy  occurred. 

Sec.  12.  Whenever  there  shall  be  a  tie  in  the  election  of 
any  member  of  either  house,  the  officer  or  officers  canvassing 
the  vote  and  authorized  to  certify  the  result  of  the  election  shall 
certify  the  facts  to  such  house,  and  the  parties  named  in  such 
certificate  shall  immediately,  in  the  presence  of  such  house,  deter¬ 
mine  by  lot  which  shall  be  the  member  elect. 

Sec.  13.  A  regular  meeting  of  the  Common  Council  shall 
be  held  on  Monday  of  each  week,  except  legal  holidays,  at  such 
hour  as  may  be  fixed  by  ordinance,  provided  that  an  additional 
regular  meeting  shall  be  held  in  the  forenoon  of  the  last  day  of 
the  fiscal  year  in  which  the  Mayor’s  term  expires;  and  the  Com¬ 
mon  Council  may  also  be  especially  convened  by  the  Mayor  in 


13 


pursuance  of  law.  Any  session  of  either  house  may  be  con¬ 
tinued  or  adjourned  from  day  to  day  or  for  more  than  one  day, 
but  no  adjournment  of  either  house  shall  be  for  a  longer  period 
than -until  the  next  regular  meeting  thereafter,  as  provided  in 
this  charter,  and  neither  house  shall,  without  the  consent  of  the 
other,  adjourn  to  another  place  than  that  in  which  the  two 
houses  shall  be  sitting.  Petitions  or  remonstrances  shall  be  pre¬ 
sented  to  either  or  both  houses  of  the  Common  Council  in  writ¬ 
ing  only.  .  * 

• 

< 

Sec.  14.  The  Mayor  shall  call  special  sessions  of  the 
Common  Council  by  proclamation,  which  shall  be  published  as 
may  be  provided  by  ordinance.  Whenever  a  special  session  of 
the  Common  Council  shall  have  been  called  by  the  Mayor,  they 
shall  have  the  same  powers  to  transact  business  as  at  a  regular 
meeting. 

Sec.  15.  The  Common  Council  shall  be  a  continuing  body 
for  and  contemporaneous  with  the  term  for  which  the  members 
of  the  lower  house  are  elected,  and  all  ordinances  and  resolutions 
pending  in  either  house 'which  shall  not  have  been  passed  by  the 
Common  Council  before  the  end  of  the  term  for  which  the  mem¬ 
bers  of  the  lower  house  are  elected,  as  provided  in  this  charter, 
shall  expire  with  said  term,  and  be  of  no  validity  or  effect  for 
any  purpose  whatsoever. 

Sec.  16.  Members  of  the  Common  Council  shall  at  all 
times  for  the  purpose  of  inspecition,  have  free  access  to  the 
books,  papers  and  records  of  the  city  in  all  public  offices,  and 
any  committee  of  the  Common  Council,  or  of  either  house  there¬ 
of,  may  investigate  the  transactions  and  accounts  of  all  officers 
having  the  collection,  custody  or  disbursement  of  public  money, 
or  having  power  to  approve,  allow  or  audit  demands  on  the 
treasury,  and  any  such  committee  in  making  such  investigation, 
or  in  investigating  any  matter  that  may  lawfully  be  referred  to 
it  by  said  Common  Council,  or  either  house  thereof,  shall  have 
power  to  summon  witnesses,  administer  oaths  and  affirmations, 
and  examine  witnesses,  and  compeL  their  attendance  before  them 
by  subpoena,  and  any  person  appearing  before  any  such  com¬ 
mittee  shall  have  the  right  to  be  represented  by  counsel. 


ARTICLE  III. 


Powers  of  Common  Council. 

« 

Section  1.  All  powers  conferred  upon  the  city  by  the 
charter  or  the  general  laws  of  the  State  of  Missouri  shall  be 
exercised  by  ordinance,  except  as  otherwise  provided  in  this  char¬ 
ter,  and  the  Mayor  and  Common  Council  shall  have  power  and 
authority,  by  ordinance,  not  inconsistent  with  the  constitution 
and  laws  of  this  State,  and  subject  to  the  limitations  expressed 
in  this  charter: 

First :  To  provide  for  the  management  and  control  of  the 
finances  and  of  all  property,  real,  personal  and  mixed,  belong¬ 
ing  to  the  city,  and  to  appropriate  money  and  to  provide  for  the 
payment  of  all  debts  and  expenses  of  the  city. 

Second :  To  acquire  for  the  city  such  property,  real,  per¬ 
sonal  and  mixed,  as  may  be  needed  for  public  use,  when  the 
method  for  acquiring  the  same  has  not  been  otherwise  provided 
in  this  charter;  to  provide  the  manner  and  method  of  entering 
into  contracts  by  the  city  in  all  cases  not  in  thi§  charter  other¬ 
wise  provided;  to  accept  or  reject  all  property,  real,  personal  and 
mixed,  given,  conveyed,  devised,  or  bequeathed,  to  the  city,  and  to 
provide  for  the  execution  of  all  trusts  accepted  by  the  city;  to 
provide  for  the  purchase  of  property  levied  upon  under  execution 
•in  favor  of  the  city;  to  provide  for  the  purchase  of  personal 
property  when  sold  for  delinquent  taxes  and  assessments  levied 
or  imposed  under  the  charter  of  the  city,  and  to  sell  and  convey 
the  same,  but  the  sum  paid  by  the  city  for  any  piece  or  parcel 
of  property  so  sold  on  execution  in  favor  of  the  city  or  for 
delinquent  taxes  or  assessment  shall  not  exceed  the  amount  of 
such  debt,  tax  or  assessment,  and  the  necessary  costs  and  ex¬ 
penses  of  the  proceedings  for  the  collection  of  the  same;  to  pro¬ 
vide  for  the  sale  at  public  auction  of  all  personal  property  unfit 
or  unnecessary  for  the  use  of  the  city,  and  of  all  other  property, 
real,  personal  or  mixed,  which  the  city  may  lawfully  sell. 

Third :  To  provide  for  the  payment  of  public  work  by 
special  assessments  on  real  estate;  for  the  levying  and  collection 
of  special  assessments;  and  for  the  levying  and  collection  of 
taxes  upon  all  property  made  taxable  for  city  purposes  within 
the  limits  of  the  city  and  not  exempted  by  general  law  from 
municipal  taxation. 


16 


Fourth :  To  license,  tax  and  regulate  manufacturers,  mer¬ 
chants,  commission  merchants,  dealers  in  second  hand  goods, 
coal  dealers,  ice  dealers,  junk  dealers,  ice  cream  dealers,  milk 
dealers,  live  stock  dealers,  produce  dealers,  patent  right  dealers, 
mercantile  agencies,  real  estate  agents,  claim  agents,  adjusters 
and  collectors,  real  estate  brokers,  financial  agents,  loan  agents, 
rental  agents,  lightning  rod  agents,  and  other  agents  of  what¬ 
ever  kind  or  character;  cash  register  agencies,  agents  for  cash 
registers,  advertising  agents,  railroad  ticket  agents,  railway  traf¬ 
fic  agents,  typewriter  agencies,  private  detectives,  private  detec¬ 
tive  agencies,  agents  and  solicitors  for  nurseries,  laundries,  dye 
houses,  clothes  pressers  and  cleaners,  renovating  and  repair 
establishments,  sewing  machine  agents,  brokers,  pawn  brokers, 
railroad  ticket  brokers,  produce  brokers,  merchandise  brokers, 
amusement  ticket  brokers,  lumber  brokers,  lumber  agents,*  brew¬ 
ers,  beer  depots  or  store  rooms,  distillers,  brewers’  agents,  brew¬ 
ers*  agencies,  distillers’  agencies,  malt  dealers,  insurance  com¬ 
panies  of  whatever  class  or  character;  insurance  agents,  agents 
for  co-operative  insurance,  insurance  solicitors,  insurance  brok¬ 
ers,  and  other  brokers  of  whatever  class  or  character;  abstract¬ 
ors  of  land  titles,  guarantors  of  land  titles,  bankers,  banking  cor¬ 
porations,  trust  companies,  investment  companies,,  building  com¬ 
panies,  loan  companies,  surety  companies,  bonding  companies 
and  agents  or  solicitors  for  any  surety  companies  or  bopding* 
companies;  brokerage  companies,  newspaper  publishers,  publish¬ 
ing  companies,,  publishing  houses,  printing  establishments,  tele¬ 
graph  companies,  telephone  companies,  electric  light  companies, 
street  railway  companies,  electric  companies,  gas  companies,  con¬ 
duit  companies,  subway  companies,  heating  companies,  lighting 
companies,  cold  storage  or  refrigeration  companies,  oil  com¬ 
panies,  mining  companies,  express  companies,  automobile  com¬ 
panies,  automobile  agencies,  public  garages,  electric  charging 
stations,  automobile  repair  shops,  bicycle  repair  shops,  transfer 
companies,  manufacturing  and  other  corporations,  institutions 
or  establishments;  poles  and  wires  or  conduits  and  wires  of  tele¬ 
graph,  telephone,  electric  light,  street  railway  and  electric  and 
power  companies;  agents  and  agencies  for  the  sale  of  oil  stock, 
mining  stock,  and  other  stocks;  lenders  of  money  on  chattels 
and  chattel  mortgages;  public  lecturers,  lawyers,  doctors  and 
dentists,  itinerant  doctors,  corn  doctors,  masseurs;  venereal  hos¬ 
pitals,  other  private  hospitals  and  similar  institutions;  veterin¬ 
ary  hospitals,  veterinary  surgeons  and  doctors;  barber  shops,  hair 
dressing  establishments,  bath  houses,  hotels,  ordinaries,  apart¬ 
ment  houses,  confectioners,  resfaurants,  boarding  houses,  tene¬ 
ment  houses,  office  buildings,  public  halls,  public  grounds,  pho¬ 
tographers,  artists,  auctioneers,  plumbers,  stock  yard  and  wagon 


10 


yard  proprietors,  undertakers,  meat  shops,  livery,  board  and 
sales  stable  keepers,  shows,  circuses,  parades,  operatic,  theatrical 
vand  other  exhibitions;  amusement^  concerts,  theatres,  theatrical 
agents,  amusement  parks,  cattle  shows,  horse  shows,  automobile 
shows,  dog  shows,  poultry  shows,  animal  shows,  menageries, 
museums,  sparring  exhibitions,  equestrian  exhibitions,  horoscopic 
views,  moving  picture  exhibitions,  cycloramas,  panoramas,  skat¬ 
ing  rinks,  wrestling  exhibitions,  boxing  contests,  public  masquer¬ 
ade  balls,  shooting  galleries,  dance  halls,  dance  houses,  fortune 
tellers,  clairvoyants,  palmists,  lung  testers,  muscle  developers, 
billiard  parlors,  billiard  and  pool  tables  and  other  tables  and 
instruments  used  for  amusement;  pin  alleys,  ball  alleys,  street 
railway  cars,  omnibuses,  hansom  cabs,  hackney  coaches,  drays, 
job  wagons,  carts,  carriages,  barouches,  buggies,  wagons,  auto¬ 
mobiles,  motorcycles,  bicycles  and  all  vehicles,  private  or  public; 
hawkers,  hucksters,  peddlers,  auction  house  proprietors,  run¬ 
ners,  drummers,  keepers  of  knife  and  board  and  cane  racks, 
street  stands ;  intelligence  and  employment  agents  and  offices 
and  keepers  thereof;  bill  posters,  inspectors  and  gaugers;  public 
scales,  grain  elevators,  storage  and  transfer  houses;  nurseries 
and  nurserymen;  slot  weighing  machines,  automatic  scales  ma¬ 
chines,  automatic  selling  machines  or  devices,  slot  machines,  gift 
enterprises,  pool  rooms,  saloons,  dramshops,  beer  houses,  tippling 
houses,  wine  gardens  and  beer  gardens;  sales  of  unclaimed  goods 
by  express  companies  or  common  carriers; 

And  to  license,  tax  and  regulate  all  occupations,  professions, 
trades,  pursuits,  corporations  and  other  institutions  and  estab¬ 
lishments,  articles,  utilities  and  commodities,  not  heretofore  enu¬ 
merated,  of  whatever  name  or  character,  like  or  unlike,  and  to 
fix  the  license  tax  to  be  paid  thereon  or  therefor;  and  in  the 
exercise  of  the  foregoing  powers,  to  divide  the  various  occupa¬ 
tions,  professions,  trades,  pursuits,  corporations  and  other  insti¬ 
tutions  and  establishments,  articles,  utilities  and  commodities  into 
different  classes. 

The  city  may  charge  a  separate  license  tax  for  each  place  of 
business  conducted  or  maintained  by  the  same‘person,  firm  or 
corporation. 

t  , 

Fifth :  To  license,  tax,  and  regulate  hackmen,  draymen, 
omnibus  drivers,  chauffeurs,  or  automobile  drivers,  porters,  ex¬ 
press  drivers  and  all  other  persons,  firms  or  corporations  pursu¬ 
ing  like  occupations,  with  or  without  vehicles,  and  to  fix  and 
prescribe  uniform  rates  and  charges  for  such  service  to  the  pub¬ 
lic;  and  to  regulate,  license,  tax,  restrain  and  prohibit  runners 
for  steamboats,  cars,  stages,  hotels  and  public  houses. 

Sixth:  To  have  exclusive  power  to  license  ferries,  and  to 


i 


17 


regulate  the  same,  and  the  landing  thereof  within  the  limits  of 
the  city,  and  to  fix  and  prescribe  the  charges  and  fees  for  ferries, 
and  to  regulate  the  charges  for  switching  by  or  on  any  steam  or 
railway  within  the  limits  of  the  city. 

Seventh :  To  provfde  the  manner  of  issuing  and  regulating 
licenses,  and  the  fees  and  charges  to  be  paid  therefor,  and  to 
provide  for  the  revoking  of  the  same.  No  license  shall  be 
granted  for  more  than  one  year  and  not  less  than  one  dollar 
shall  be  charged  for  any  license  under  this  charter  or  any  ordi¬ 
nance,  and  the  fees  for  issuing  same  shall  not  exceed  one  dollar,- 
and  all  such  fees  shall  belong  to  the  city.  : 

Eighth :  To  remove  and  prevent  all  obstructions  from  and 
in  the  Missouri  River  within  said  city,  and  to  widen,  straighten 
and  deepen  the  same ;  to  construct  and  maintain  dikes  and  revet¬ 
ments,  and  to  erect,  maintain  and  regulate  wharves  and  docks, 
and  to  regulate  the  rates  of  wharfage  within  the  limits  of  the 
city. 

/ 

v  Ninth :  To  provide  the  city  with  water,  and  to  make,  regu¬ 
late  and  establish  public  wells,  pumps,  cisterns,  hydrants  and 
reservoirs  in  or  under  the  streets  or  other  public  places  within 
the  city  or  beyond  the  limits  thereof  within  or  without  the  State 
of  Missouri,  and  to  construct,  maintain  and  operate  waterworks 
with  all  appurtenances  necessary  or  convenient  thereto. 

Tenth :  To  provide  for  lighting  the  streets  and  erecting 
lamps  thereon  and  to  regulate  the  price  and  quality  of  gas,  gaso¬ 
line,  electricity  and  other  means  of  lighting,  and  the  manner  and 
means  of  lighting  by  electricity,  and  the  power  thereof,  and  to 
compel  any  gas  company,  electric  light  company,  heating  com¬ 
pany,  refrigerating  or  cold  storage  company  or  other  company, 
individual  or  institution  to  change  and  re-locate  any  gas  mains 
or  other  mains,  pipes,  appliances,  or  any  poles  or  conduits  for 
wires  or  other  appliances,  and  to  regulate  the  price  and  quality 
of  gas,  oil  or  other  means  of  heating  furnished  by  any  such  cor¬ 
poration  or  institution  to  the  inhabitants  of  the  city  for  heating 
purposes,  and  the  prices  to  be  charged  by  any  corporation,  indi¬ 
vidual  or  institution  furnishing  cold  storage  or  refrigeration, 
heat  or  power,  to  the  inhabitants  or  institutions  within  the  city. 

Eleventh :  To  exercise  conrtol  over  the  streets,  sidewalks, 
alleys,  landings,  public  grounds  and  highways  of  the  city;  to 
establish,  open,  alter,  widen,  extend,  vacate,  grade,  pave,  repave, 
block,  reblock,  sprinkle  or  otherwise  improve  and  keep  in  repair 
'  the  same;  to  establish  the  grade  and  thereafter  change  and  re¬ 
establish  the  grade  of  the  same;  to  put  drains  and  sewers  in  the 
same,  and  regulate  or  prohibit  the  building  of  vaults  or  areaways 


18 


under  the  sidewalk ;  and  permit  the  use  of  space  under  sidewalks, 
streets  and  highways  under  such  conditions  as  they  may  deem 
best;  to  regulate  the  use  of  public  streets,  alleys  and  highways 
of  the  city  for  telegraph,  telephone,  electric  light,  electric  power 
and  other  pole  lines  above  the  surface,  and  to  compel  all  lines 
and  wires  of  every  character  within  the  city  to  be  kept  under 
ground,  and  to  regulate  the  use  of  streets,  highways  and  alleys 
for  conduits,  subways,  mains,  pipes  and  all  structures  beneath 
the  surface  thereof,  and  to  regulate  and  control  for  any  and 
every  purpose  the  use  of  the  streets,  highways,  alleys,  sidewalks, 
public  highways  and  the  grounds  of  the  city ;  to  prohibit  racing  or 
fast  or  immoderate  riding  or  driving  of  every  kind  of  animal, 
vehicle  or  machine  on  the  streets,  highways,  public  thorough¬ 
fares  and  grounds  of  the  city,  and  to  authorize  any  person  to 
stop  any  such  person  immoderately  riding  or  driving  as  afore¬ 
said; 

To  prohibit  and  punish  the  abuse  of  animals,  to  compel  per¬ 
sons  to  fasten  their  animals  while  standing  in  the  streets  or  in 
any  particular  street  or  streets,  and  to  prevent  the  hitching  of 
any  animal  on  any  particular  street  or  streets ;  to  prescribe  the 
manner  and  limit  the  time  of  standing  animals  and  vehicles  at¬ 
tached  to  animals  in  any  street  or  streets,  and  to  forbid  large  or 
»  heavily  loaded  vehicles  to  pass  along  any  particular  street  or 
streets  of  any  kind  or  class  of  public  thoroughfare  within  the  city ; 

To  make  all  needful  regulations  to  keep  and  maintain  the 
public  streets,  alleys,  sidewalks  and  public  places  in  a  clean, 
open  and  safe  condition  for  public  use ;  to  prescribe  and  regulate 
the  width  of  the  tires  on  and  to  regulate  and  limit  the  weight  to 
be  carried  by  any  and  all  vehicles  used  on  the  public  streets  and 
thoroughfares  of  the  city ;  and  to  prohibit  the  building  and  use  of 
barbed  wire  fences  within  the  city  limits; 

To  provide  for  the  erection,  establishment  and  maintenance 
of  works  and  plants  for  paving,  repairing  or  maintaining  the 
streets,  alleys  and  highways,  or  parts  thereof,  of  the  city,  and  to 
provide  all  necessary  machinery  and  appliances  therefor. 

Twelfth :  To  direct  and  control  the  laying  and  construction 
of  steam  railroad  tracks,  bridges,  turnouts  and  switches  in  the 
streets  and  alleys;  and  the  location  of  depot  grounds  within  the 
city;  to  require  that  railroad  tracks,  bridges  turnouts  and  switches 
shall  be  so  constructed  and  reconstructed  and  laid  as  to  interfere 
as  little  as  possible  with  ordinary  travel  and  the  use  of  the  streets 
and  alleys,  and  so  as  to  protect  life  and  property  from  all  danger 
,  arising  from  the  operation  of  trains  upon  said  tracks,  and  that 
sufficient  space  should  be  left  on  either  side  of  said  tracks  for  the 
safe  and  convenient  passage  of  teams  and  persons ;  to  require 
the  railroad  companies  to  keep  in  repair  the  streets  and  alleys 


19 


and  highways  through  which  their  tracks  may  run,  and  to  light, 
patrol  and  guard  the  same;  to  require  said  railroad  companies 
to  construct  and  keep  in  repair  suitable  crossings  at  the  intersec¬ 
tion  of  streets,  alleys  and  highways,  ditches,  sewers  and  culverts, 
and  to  light  and  guard  the  same;  to  require  and  compel  railroad 
companies  to  construct  and  maintain  viaducts  or  overhead  bridges, 
together  with  the  approaches  therefor  at  such  points  where  the 
tracks  of  said  railroads  cross  the  public  streets  or  highways  of 
the  city  and  where  the  construction  of  such  viaducts  and  bridges 
is  reasonably  necessary  for  the  convenience  of  the  public  or  for 
the  protection  of  the  people  using  such  crossings ;  to  require  rail¬ 
road  companies,  whose  tracks  cross  the  streets,  alleys  and  high¬ 
ways  of  the  city,  to  build  said  tracks  under  said  streets,  alleys 
and  highways,  at  said  crossings,  and  to  construct  tunnels  there¬ 
under  for  the  use  of  said  railroads,  or  viaducts  over  said  rail¬ 
road  tracks  for  the  use  of  the  public,  and  to  maintain  the  same; 
to  require  the  railroad  companies  whose  tracks  cross  the  streets, 
alleys  and  highways  of  the  city,  to  pay  the  damages  to  abutting 
property  caused  by  the  construction  of  said  viaducts  or  over¬ 
head  bridges  and  approaches  thereto;  and  in  cases  where  it  is 
necessary  to  procure  a  right-of-way  for  the  construction  of  any 
such  viaduct  or  overhead  bridge,  or  approaches  or  any  part  there¬ 
of,  the  cost  and  expense  of  such  procurement  shall  be  borne  by 
the  railroad  company  or  companies  whose  tracks  cross  the  high¬ 
ways  and  render  necessary  the  construction  of  said  viaduct  or 
overhead  bridge  and  approaches,  and  in  cases  where  more  than 
one  railroad  company’s  tracks  cross  a  highway  within  the  city, 
to  provide  by  ordinance  the  amount  or  proportionate  part  of 
the  cost  which  each  of  said  companies  shall  pay  or  contribute 
toward  the  cost  and  expense  of  construction  or  maintenance  of 
said  viaducts,  overhead  bridges  or  approaches,  including  the 
matter  of  rights-of-way  for  the  construction  of  such  viaducts, 
overhead  bridges  or  approaches,  and  the  damages  done  to  private 
property  by  the  construction  of  the  same;  and  when  the  public 
safety  or  convenience  so  demands,  to  designate  that  the  roadway 
of  the  street  crossed  by  such  railroad  tracks  shall  either  be  carried 
under  the  tracks  by  means  of  a  tunnel,  cut  or  subway  to  be  con¬ 
structed  and  maintained  by  said  railroad  company,  or  over  said 
railroad  tracks  by  means  of  a  viaduct  or  overhead  bridge,  as 
aforesaid;  and,  in  case  the  streets  shall  be  placed  beneath  said 
tracks,  to  require  all  the  costs  and  expenses  of  the  same,  includ¬ 
ing  maintenance,  right-of-way,  and  damages  to  private  property 
by  the  construction  of  the  same,  to  be  paid  by  the  railroad  com¬ 
pany  or  companies  whose  tracks  cross  said  street.  And  in  cases 
where  necessary  for  the  protection  of  traffic,  or  for  the  opening, 
establishment,  grading  or  change  of  grade  of  any  street  or  high- 


20 


way,  pr  for  the  construction  or  maintenance  of  any  other  public 
improvement  of  any  character  to  require  any  railroad  com¬ 
pany,  at  its  own  expense,  to  elevate  or  depress  its  tracks  or  any 
part  of  the  same  within  the  city  and  to  conform  the  grade  of 
.jsaid  tracks  to  the  plans  of  any  public  improvement  authorized  by 
the  Common  Council. 

■  ’  Thirteenth :  To  establish,  erect  and  keep  in  repair  bridges, 
culverts,  sewers,  sewer  outlets  within  or  outside  the  limits  of  the 
city,  plants  for  reduction  and  disposition  of  sewage  and  garbage, 
and  to  regulate  the  use  of  the  same;  to  inspect  and  regulate 
house  drainage  and  sewer  connections,  and  plumbing,  drainage 

•  and  sewerage  of  buildings,  and  to  prescribe  the  kind  and  quality 
of  material  to  be  used  for  such  purpose ;  to  establish,  alter,  deepen 
and  change  the  channel  of  water  courses  and  to  wall  them  up  and 
cover  them  over;  and  to  require  houses  to  be  connected  with  the 
city  sewers. 

Fourteenth :  To  provide  for  the  erection,  establishment, 
operation,  maintenance  and  discontinuance  of  such  prisons,  jails, 
police  stations,  work  houses,  houses  of  correction,  houses  of 
refuge  and  all  necessary  penal  and  charitable  institutions;  art 
galleries,  market  houses,  hospitals,  quarantine  stations,  and  all 
public  buildings  of  every  character  required  by  the  city,  whether 
herein  specifically  enumerated  or  not;  and  to  make  all  needful 
regulations  for  the  care  and  government  of  the  same;  to  provide 
for  the  regulation  and  management  of  city  markets  and  market 
places  and  market  houses,  and  to  fix  the  rental  charges  therefor 
and  the  amount  of  licenses  to  be  paid  for  each  and  every  kind 
of  business  carried  on  therein ;  to  purchase,  condemn,  rent,  lease, 
or  otherwise  acquire,  within  the  limits  of  the  city  or  elsewhere, 
any  real  or  personal  property  for  any  purpose  herein  enumerated 
or  referred  to,  and  to  control,  managq,  improve,  sell,  lease  or 
otherwise  dispose  of  the  same  in  such  manner  and  upon  such  con¬ 
sideration  as  the  Mayor  and  the  Common  Council  may  deem 
proper  for  the  public  welfare,  subject  to  the  limitations  in  this 
charter  elsewhere  provided. 

Fifteenth  :  To  restrain  and  punish  engrossing,  forestalling 
or  regrating;  to  regulate  and  to  provide  for  the  inspection  of, 
weighing  or  measuring  and  vending  of  all  articles  of  food  or 
provisions  intended  for  human  consumption,  and  places  and 
manner  of  inspecting  the  same;  to  establish  and  regulate  the 
standard  of  weights  and  measures  to  be  used  in  the  city,  and  to 
provide  for  the  inspection  of  all  weights  and  measures  and  to 
compel  all  dealers  in  coal  to  weigh  the  same  on  public  scales; 

•  and  to  establish,  license,  tax  and  regulate  public  scales  and 
charges  for  use  of  the  same;  to  make  provision  for  the  inspection, 


1 


21 

weighing  or  measuring  of  lumber  and  other  building  materia! 
and  for  the  inspection  of  engines,  steam  boilers  and  all  steam 
heating  apparatus;  to  license  engineers  and  others  using  steam 
boilers  or  other  steam  heating  or  electrical  apparatus  in  the  city ; 
to  provide  for  the  inspection,  weighing  or  measuring  of  oil,  coal 
oil,  naptha,  benzine  and  other  burning  fluids,  beer,  ale,  wines, 
whiskey,  rum,  brandy  and  other  malt,  vinous  or  spiritous  liquors 
in  barrels  or  other  vessels;  to  regulate  the  inspection,  weigh¬ 
ing  or  measuring  of  hay,  corn,  oats  and  all  other  products; 
coal,  charcoal,  firewood  and  all  other  kinds  of  fuel  to  be  used  in 
the  city;  to  regulate  the  inspection,  weight,  quality  and  sale  of 
bread;  to  appoint  weighers,  gaugers  and  inspectors,  and  to  pre¬ 
scribe  their  duties  and  regulate  their  fees  and  compensation. 

Sixteenth :  To  establish  and  enforce  quarantine  laws  and 
regulations  to  prevent  the  introduction  and  spread  of  contagious 
or  infectious  diseases  among  men  or  animals  of  the  city  or  within 
two  miles  thereof;  to  provide  for  the  destruction  of  all  diseased 
or  deleterious  articles  of  food  or  drink  and  of  all  animals  sick 
of  a  disease  dangerous  to  health;  to  establish  and  regulate 
hospitals  and  quarantine  stations  outside  and  inside  the  city? 
limits;  to  secure  the  general  health  and  safety  of  the  inhabitants 
by  any  necessary  measure;  to  regulate  stone  quarries  and  the 
quarrying  of  stone;  to  provide  for  the  erection,  management, 
and  regulation  of  slaughter  houses  and  to  regulate  the  slaughter¬ 
ing  of  animals;  to  regulate  or  prohibit  the  driving  of  stock: 
through  the  city  or  any  part  thereof;  to  prohibit,  remove  or 
regulate  the  erection  of  soap  factories,  stock  yards,  slaughter 
houses,  pig  pens,,  stables,  cow  stables,  livery  stables,  dairies,  coal 
oil  and  vitriol  factories  and  all  other  factories  which  the  Common 
Council  may,  by  ordinance,  declare  to  be  a  nuisance,  within 
prescribed  limits  in  the  city,  and  within  two  miles  thereof;  to 
regulate  or  prevent  the  carrying  on  of  any  business  which  may 
be  dangerous  or  detrimental  to  the  public  health,  or  the  manu¬ 
facture  or  vending  of  articles  deleterious  to  the  health  of  the 
inhabitants;  to  declare,  prevent  and  abate  nuisances  on  public 
or  private  property,  and  the  causes  thereof. 

Seventeenth :  To  regulate  the  use  of  steam  boilers,  steam 
generators,  electric  motors  and  machinery,  and  to  provide  for 
the  registration  of  plumbers  and  stationary  engineers. 

Eighteenth :  To  regulate  the  plans,  materials  and  manner 
of  construction  of  all -buildings  within  the  city,  and  maintenance, 
care,  management,  operation  of  all  tenement  houses,  lodging 
houses,  cellars,  theatres,  public  halls,  places  of  amusement  and 
other  buildings  used  for  public  gatherings  in  the  city,  and  to 
regulate  and  prescribe  the  number,  size  and  location  of  places  of 


22 


entrance  and  exit  and  the  modes  of  hanging  doors  therein  for 
the  better  protection  of  the  lives,  health  and  morals  of  the  inhabi¬ 
tants  of  the  city. 

Nineteenth :  To  prohibit  the  erection,  placing  or  repairing 
of  wooden  buildings  within  such  limits  as  may  -be  prescribed  by 
ordinance,  and  to  direct  that  all  buildings  within  the  limits  pre¬ 
scribed  shall  be  made  or  constructed  of  fireproof  material,  and 
to  declare  all  dilapidated  buildings  to  be  nuisances,  and  to  direct 
the  same  to  be  repaired,  removed  or  abated,  in  such  manner  as 
they  shall  prescribe  and  direct ;  and  to  declare  all  wooden  build¬ 
ings  within  the  fire  limits,  which  they  may  deem  dangerous  to 
contiguous  buildings,  to  be  nuisances,  and  to  require  or  cause 
them  to  be  removed  or  abated,  in  such  manner  and  under  such 

penalties  to  the  owners  or  proprietors  thereof  as  they  may  direct. 

% 

Twentieth :  To  regulate  or  prohibit  the  construction  and 
maintenance  of  chimneys,  stacks,  flues,  fireplaces,  stove  pipes, 
ovens,  boilers,  or  other  apparatus  used  in  or  about  any  building 
•or  manufactories,  and  to  cause  the  same  to  be  removed  or  put  in 
a  safe  condition,  when  considered  dangerous;  to  prevent  the 
deposit  of  ashes  in  unsafe  places,  and  to  provide  for  the  inspec¬ 
tion  of  all  places  within  the  city  and  of  all  property  of  the  city 
outside  the  limits  thereof,  for  the  better  protection  of  the  health, 
lives,  morals  and  property  of  the  inhabitants  of  the  city , 

To  regulate  and  prevent  the  carrying  on  of  manufactories 
and  works  dangerous  in  promoting  or  causing  fires ;  to  regulate, 
prevent  and  prohibit  the  use  of  fireworks  and  firearms  £ 

To  direct,  regulate  or  prohibit  the  storage,  manufacture, 
sale  and  use  of  gun  powder  and  all  combustibles,  explosives  and 
dangerous  materials  within  the  city,  and  to  regulate  or  prohibit 
the  transportation  of  the  same  through  the  streets,  alleys  or 
public  highways  of  the  city,  and  to  regulate  or  prohibit  the  use 
of  candles  or  other  lights  in  stables,  outhouses,  and  other  like 

•  •  l  ’  I 

houses;  .... 

To  regulate  and  prescribe  the  manner  and  order  of  building 

and  maintaining  parapets,  partition  walls,  fire  walls,  and  parti¬ 
tion  fences; 

To  compel  the  owners,  lessees  or  occupants  of  all  buildings 
to  have  scuttles  on  the  roofs,  and  stairs  or  a  ladder  leading  to  the 
same,  and  to  provide  such  buildings  with  adequate  fire  escapes 
and  apparatus  and  appliances  therein  for  protection  against  fire , 

And  generally  to  establish  such  regulations  for  the  preven¬ 
tion  and  extinguishment  of  fires  as  the  Common  Council  may 
deem  expedient; 

Twenty-first :  To  regulate,  prohibit  or  surpress  any  act, 
conduct,  pursuit,  employment,  practice,  game,  sport,  or  contest, 


« 


23 

place  or  thing  whatsoever,  which  may  be  injurious  to  the  public 
morals  or  to  the  health  or  dangerous  to  the  lives  or  property  of 
the  inhabitants  of  the  city,  or  detrimental  to  the  peace  or  reputa¬ 
tion  of  any  neighborhood  therein ;  and  in  exercise  of  such  police 
powers,  to  prevent  and  suppress  bawdy  houses,  houses  of  ill  fame 
and  fornication,  prize  fights,  dog  fighting,  cock  fighting,  gaming 
and  gambling  houses,  and  to  authorize  destruction  of  instruments 
for  gaming,  and  to  prevent  and  suppress  mock  auction  houses, 
dance  halls,  public  dances,  fortune  tellers,  clairvoyants  and 
palmists,  pool  rooms  and  betting  rooms,  lotteries  or  places  where 
any  game  in  which  chance  predominates  is  played  for  anything 
of  value,  and  to  punish  any  and  all  persons  who  nuiv  engage  in 
such  game  or  games  or  who  keep  or  frequent  such  houses  or 
places,  or  set  up  or  permit  the  same,  or  lotteries,  or  sell  lottery 
tickets;  and  to  prohibit  the  sale,  distribution  or  giving  away, 
directly  or  indirectly,  of  lottery  tickets,  notices,  certificates,  and 
advertisements  of  lotteries  and  lottery  drawings,  and  to  sup¬ 
press  places  where  lottery  tickets,  notices,  circulars,  and  adver¬ 
tisements  of  lotteries  and  lottery  drawings  are  kept,  sold,  distri¬ 
buted  or  given  away;  to  prevent  and  suppress  opium  smoking 
and  houses  or  places  kept  therefor,  and  to  punish  the  keeper  of 
such  house  or  place,  or  any  persons  who  smoke  opium  therein 
or  frequent  the  same ;  and  to  regulate  the  sale  of  opium,  cocaine 
and  other  similar  drugs,  cigarettes,  cigars  and  tobacco,  and  to 
prohibit  the  sale  of  the  same  to  minors. 

Twenty-second :  To  prevent~the  sale,  circulation  and  dis¬ 
position  of  obscene  literature,  including  books,  papers,  prints,, 
pictures  and  the  like,  and  to  punish  any  person  who  sells  or  offers 
for  sale,  or  who  circulates  or  disposes  of  such  literature,  books, 
papers,  prints,  pictures  and  the  like. 

Twenty-third :  To  regulate,  prevent  or  prohibit  the  erec¬ 
tion,  maintenance  or  display  of  sign  boards  and  bill  boards  and 
all  signs,  posters  or  other  advertisements  or  of  advertising  matter 
which  are  offensive,  improper,  unsightly,  indecent,  lascivious  or 
obscene,  upon,  along  or  near  the  sidewalk,  streets,  or  public 
places  or  within  view  thereof ;  and  to  declare  any  such  sign  board, 
poster  or  other  advertising  matter  to  be  a  public  nuisance,  and 
provide  for  the  abatement  thereof; 

To  acquire  by  condemnation  or  otherwise  the  right  to  re¬ 
gulate  and  control  bill  boards  and  sign  boards  and  other  struc¬ 
tures  for  advertising  purposes,  upon,  along  or  near  sidewalks, 
streets,  alleys,  highways  or  public  places  or  within  view  thereof, 
within  the  city,  and  to  provide  for  the  regulation  of  the  same. 

Twenty-fourth :  To  restrain  and  prevent  any  riot,  rout, 
noise,  disturbance  or  disorderly  assemblage;  to  prohibit  the  play- 


24 


ing  of  ball,  the  rolling  of  hoops,  flying  of  kites,  or  any  other 
amusement  or  practice  dangerous  or  annoying  to  persons  or 
property  or  tending  to  frighten  horses  in  any  street  or  place  in 
the  city;  and  to  regulate  or  prohibit  the  running  at  large  of  cat¬ 
tle,  cows,  hogs,  goats,  chickens,  geese,  ducks,  and  all  poultry, 
and  all  other  animals  or  fowls,  within  the  limits  of  the  city, 
and  to  authorize  the  impounding  and  sale  of  the  same;  to  restrain 
and  prohibit  the  ringing  of  bells,  blowing  of  horns,  bugles  and 
steam  whistles,  crying  of  goods,  and  all  other  noises;  and  all 
unreasonable  or  unnecessary  noises  made  in  the  operation  of 
street  cars  or  other  public  vehicles,  and  to  restrain  and  prohibit 
performances  and  practices  tending  to  the  collection  of  persons 
on  the  streets  and  sidewalks,  by  auctioneers  and  others,  for  the 
purpose  of  business,  amusement  or  otherwise;  to  prevent  and 
remove  all  obstructions  and  encroachments  upon  the  sidewalks, 
curb  stones,  carriageways,  streets,  avenues  and  alleys,  at  the 
expense  of  the  owners  or  occupants  of  the  ground  fronting  there¬ 
in. 

Twenty-fifth :  To  license,  tax,  regulate  or  restrain  and 
prohibit  the  running  at  large  of  dogs  and  cats,  and  to  authorize 
their  destruction  when  at  large  contrary  to  ordinance,  and  to  im¬ 
pose  penalties  on  the  owners  or  keepers  thereof. 

Twenty-sixth :  To  restrain  and  punish  vagrants,  mendi¬ 
cants,  street  beggars,  gamblers  and  prostitutes,  and  to  define  who 
shall  be  considered  and  treated  as  vagrants. 

Twenty-seventh :  To  require  all  railways  and  railroads  to 
provide  proper  fenders  and  other  safety  appliances  and  the  most 
approved  machinery  and  methods  for  their  cars  and  tracks  and 
the  operation  thereof,  for  the  protection  of  human  life  and  the 
lessening  of  danger  thereto,  and  to  make  all  needful  regulations 
for  the  operation  of  the  same,  and  to  enforce  all  such  regulations 
by  such  fines  and  penalties  as  may  be  prescribed  by  ordinance, 
subject  to  the  limitations  of  this  article. 

Twenty- eighth:  To  regulate  the  rates  to  be  charged  for 
service  by  all  persons,  firms  and  corporations  owning  or  operat¬ 
ing  any  telephone  or  telegraph  lines,  systems  or  exchanges,  street 
railway  lines  and  systems,  tunnels,  subways,  conduits,  bridges  or 
viaducts,  or  engaged  in  furnishing  gas,  steam  or  electricity  for 
lighting,  heating  or  power,  or  engaged  in  furnishing  light,  heat, 
power  or  refrigeration,  or  engaged  in  any  other  public  utility 
.  under  any  franchise  granted  by  the  State  of  Missouri  or  the 
City  of  Kansas  City;  and  to  require  any  of  such  persons,  firms 
and  corporations  to  put  and  keep  their  wires,  pipes  and  appliances 
under  ground;  and  to  regulate  the  use  of  the  streets,  alleys  and 
pubiic  highways  of  the  city  by  any  such  person,  firm  or  corpora¬ 
tion; 


\ 


25 

To  sell,  rent,  lease  or  otherwise  dispose  of  the  products,  use 
or  service  of  any  land,  property,  public  utility  or  convenience, 
plants  or  w^orks  of  any  kind,  the  ownership,  use  or  control  of 
which  is  or  shall  be  in  the  city.  > 

Twenty-ninth :  To  control,  regulate  or  prohibit  the  emis¬ 
sion  of  dense  smoke  from  chimneys  and  chimney  stacks  of -build¬ 
ings,  manufactories,  locomotives  or  engines  or  in  any  manner 

within  the  city.  ' 

Thirtieth :  To  prohibit  and  prevent  cruelty  to  children;  to 
appropriate  such  sums  as  may  be  paid  into  the  treasury  from 
fines  collected  on  conviction  of  persons  charged  with  cruelty  to 
children  or  animals,  and  to  authorize  the  payment  of  the  same, 
or  any  part  thereof,  to  any  society  organized  and  maintained  for 
the  prevention  of  such  cruelty. 

Thirty-first :  To  restrain,  regulate  and  prohibit  the  selling 
or  giving  away  of  any  wines,  intoxicating  or  malt  liquors,  by 
any  person  withip  the  city,  other  than  those  duly  licensed ;  to  for¬ 
bid  and  punish  the  giving  away  of  any  wines,  intoxicating  or 
malt  liquors  to  any  woman,  minor  or  habitual  drunkard ; 

To  pass  any  ordinance  touching  dramshops,  beer  houses, 
tippling  houses  or  saloons,  and  the  granting  or  revoking  of 
the  license  for  the  same,  not  in  conflict  with  this  Charter  and 
the  constitution  and  laws  of  this  State. 

Thirty-second :  To  provide  for  the  support,  maintenance 
and  confinement  of  insane  persons,  and  to  make  suitable  pro¬ 
visions  for  the  maintenance  and  support  of  poor  persons,  and 
to  make  suitable  provisions  for  the  care  and  maintenance  of  sick 
and  injured  persons. 

Thirty-third:  To  provide  for  the  enumeration  of  the 
inhabitants  of  the  city  for  any  purpose  whatever. 

Thirty-fourth :  To  take  all  needful  steps  in  and  out  of  the 
State  to  protect  the  rights  of  the  city  in  any  corporation  in  which 
the  city  may  have  or  acquire  an  interest. 

Thirty-fifth:  To  establish,  create  and  prescribe  the  term  of 
office,  salaries  and  duties  of  all  officers  and  the  compensation  and 
duties  of  all  employes  and  agents  necessary  or  proper  in  carry¬ 
ing  into  effect  any  of  the  powers  of  the  city,  in  all  cases  not  other¬ 
wise  provided  for  by  this  Charter,  and  to  establish  the  compensa¬ 
tion  of  jurors  and  witnesses,  respectively,  for  their  services, 
except  as  is  otherwise  provided  in  this  charter ;  provided ,  that  the 
salary,  fee  or  compensation  of  any  officer  shall  not  be  changed 
during  the  term  for  which  he  is  elected  or  appointed,  and  that 
no  officer  receiving  a  salary  shall  receive  any  fees  or  other  com¬ 
pensation  for  his  services. 


26 


\ 


Thirty-sixth  :  To  locate  and  establish  as  many  voting  pre¬ 
cincts  in  each  ward  as  may  be  necessary  to  accommodate  the 
voters  therein,  and  to  guard  and  protect  the  same,  and  to  appoint 
all  necessary  judges  and  clerks  for  the  same;  provided,  that  a 
sufficient  number  of  precincts  be  established  in  each  ward  so  that 
not  more  than  five  hundred  voters  shall  be  compelled  to  \ote  at 

any  one  precinct. 

Thirty-seventh :  To  pass  all  needful  ordinances  for  pre¬ 
serving  order,  securing  persons  and  property  from  violance,  dan¬ 
ger  and  destruction,  protecting  public  and  private  property,  and 
for  promoting  the  general  interest  and  insuring  the  good  govern- 

ment  of  the  city. 

Thirty-eighth :  To  create,  establish  and  maintain  fire  pa-  , 
trols,  and  salvage  corps,  and  to  provide  by  ordinance  the  officers 
and  members  thereof,  and  the  rules  and  regulations  which  shall 
govern  the  same,  and  may  by  ordinance  contract  with  any  indi¬ 
vidual,  association  or  corporation  for  the  establishment  and  main¬ 
tenance  of  fire  patrols  and  salvage  corps  upon  such  terms  and 
subject  to  such  rules  and  regulations  as  the  city  may,  in  such 
ordinance,  prescribe,  and  may  set  aside  and  appropriate  money 
for  the  maintenance  or  employment  thereof,  or  to  carry  out 

such  contract. 

Thirty-ninth :  To  provide  for  or  contribute  to  the  support 
and  maintenance  of  such  organizations  of  the  National  Guard  ot 
Missouri  as  may  be  stationed  or  located  in  the  city,  and  to  ac¬ 
quire,  by  lease,  purchase  or  otherwise,  and  hold  land  and  build¬ 
ings  for  such  purposes. 

Fortieth:  To  purchase  and  acquire  lands  or  rights-of-way 
beyond  the  city  limits  and  outside  the  State  of  Missouri  for  the 
construction  of  levees,  dikes  and  other  works  for  the  protection 
from  floods  and  overflow  of  lands  within  the  city  limits,  and 
shall  have  authority  to  appropriate  funds  for  that  purpose  ana 
for  the  purpose  of  constructing  in  whole  or  in  part  such  levees, 
dikes  and  other  work  outside  the  State  of  Missouri  for  the  pro- 
tection  from  floods  and  overflow  of  lands  inside  the  limi  s  o 
said  citv.  To  establish  levee  districts  within  the  city,  to  con¬ 
struct  and  maintain  levees,  dikes,  drains  and  other  wor  s,  an 
levy  and  collect  special  assessments  to  pay  therefor. 

Forty-first:  The  foregoing  enumeration  of  particular 
powers  granted  to  the  Common  Council  in  this  charter  shall  not 
be  construed  to  impair  any  general  grant  of  power  herein  or  in 
this  charter  contained,  nor  to  limit  any  such  general  gran,  to 
powers  of  the  same  class  or  classes  as  those  so  enumerated;  ana 
the  Common  Council  shall  have  power  to  pass,  publish,  amend, 


27 


and  repeal  all  such  ordinances,  rules  and  regulations  not  incon- 
bistent  with  the  provisions  of  this  charter  or  contrary  to  the  laws 
of  the  State  or  of  the  United  States  as  it  may  deem  to  be  expedi- 
ent  or  necessary  in  maintaining  the  peace,  order,  good  govern¬ 
ment,  health  and  welfare  of  the  city,  its  trade,  commerce,  manu¬ 
factures,  or  that  may  be  necessary  and  proper  to  carry  into  effect 
the  provisions  of  this  charter. 

Nothing-  in  this  article  contained  shall  be  construed  to  im¬ 
pair  the  powers  conferred  by  this  charter  upon  the  various  boards 
and  departments  of  the  city  government  or  head  thereof  or  to 

remove  any  requirements  or  restrictions  in  this  charter  elsewhere 
contained. 


Forty-second:  And  the  Common  Council  shall  have  power 
to  impose,  enforce  and  collect  fines,  forfeitures  and  penalties  for 
the  breach  of  any  provision  of  this  charter  or  of  any  ordinance; 
to  punish  the  violation  of  any  provision  of  this  charter  or  anv 
oidinance  of  the  city  by  fine  or  imprisonment,  or  by  both  fine  and 
imprisonment;  but  no  fine  shall  exceed  five  hundred  dollars  nor 
imprisonment  exceed  twelve  months  for  any  one  offense.  Anv 
person  upon  whom  any  fine  is  imposed  shall  stand  committed 
until  the  Payment  of  the  same,  with  costs,  and  in  default  of  such 
payment  shall  be  imprisoned  in  the  city  prison,  the  workhouse 
house  of  correction  or  house  of  refuge,  hereinbefore  provided’ 
or  in  case  of  women  or  minors,  in  such  other  place  as  may  be 
provided  for  them  at  public  or  private  expense,  to  be  designated 
by  the  court  before  whom  conviction  is  had. 

Every  person  so  imprisoned  in  the  city  prison,  the  work- 
house,  house  of  correction  or  house  of  refpge,  or  other  place  as 
herein  provided,  shall  be  required  to  work  for  the  city  at  such 
labor  as  his  or  her  health  and  strength  will  permit,  within  or 
without  said  prison,  workhouse,  house  of  correction,  house  of 
re  uge,  or  ot  er  place,  not  exceeding  ten  hours  each  working 
day  and  for  such  work  such  person  shall  be  allowed,  exclusive 
ot  his  or  her  board,  fifty  cents  per  day  for  each  day’s  work  on 
ccount  of  said  fine  and  costs.  No  city  prisoner  shall  be  required 
to  labor  outside  the  prison  walls  while  in  manacles. 

this  paragraph  shall  not  be  construed  as  limiting  the  city 
to  any  particular  mode  or  method  of  enforcing  its  ordinances,  as 
aforesaid;  but  the  city  shall  have  the  right  to  enforce  the  same 
y  any  appropriate  method,  which  is  not  inconsistent  with  or  in 
violation  of  the  constitution  or  laws  of  the  State  of  Missouri. 


■Sec.  2.  No  appropriation,  or  payment,  shall  be  made  from 

a"iLr.eaenUe.°-r  ft!nd  account  in  excess  of  the  amount  actually 
collected  and  in  the  treasury  and  unappropriated.  Within  the 

first  month  of  each  fiscal  year  the  Mayor  and  Common  Council 


28 


shall,  by  ordinance,  as  far  as  practicable,  make  an  apportionment 
of  the  revenue  to  be  raised  for  such  year  to  the  expenses  of  the 
several  departments,  and  for  all  public  works  under  proper  head¬ 
ings,  and  for  such  other  objects  as  it  may  be  necessary  to  provide 
for;  and  the  money  then  in  the  treasury,  subject  to  apportion¬ 
ment  and  municipal  revenues  as  collected,  shall  be  distributed 
into  different  funds  accordingly.  At  the"  time,  or  after  making 
such  apportionment,  the  Mayor  and  Common  Council  may,  from 
time  to  time,  by  ordinance,  appropriate  money  to  the  use  of  a 
department,  and  the  same  may  be  paid  out  by  such  department, 
subject  to  limitations  in  this  charter  specified,  without  further 
action  by  ordinance ;  and  any  balance  at  any  time  standing  to  the 
credit  of  a  department,  unexpended  and  hot  set  apart  by  a  depart¬ 
ment  for  a  specific  contract,  shall  be  subject  to  withdrawal,  by 
ordinance,  and  reappropriation  to  other  uses.  All  ordinances 
that  contemplate  the  appropriation  or  payment  of  any  money, 
shall,  upon  their  second  reading,  be  referred  to  the  appropriate 
committee  of  the  house  in  which  such  ordinances  are  introduced, 
and  the  committee  shall  obtain  the  endorsement  thereon  of  the 

t 

comptroller  to  the  effect  that  sufficient  unappropriated  money 
stands  to  the  credit  of  the  fund  or  revenue  account  therein  men¬ 
tioned,  to  meet  the  requirements  of  such  ordinances  and  that  the 
same  is  in  the  treasury,  or  it  shall  not  be  lawful  to  pass  the  said 
ordinances. 

Sec.  3.  The  city,  through  its  Mayor,  or  through  its  offi-_ 
cers  and  agents,  may  at  all  reasonable  times,  within  the  city  and 
within  two  miles  of  the  city  limits,  enter  into  and  examine  all 
dwellings,  lots,  yards,  inclosures  and  buildings,  cars,  boats  and 
vehicles  of  every  description,  to  ascertain  their  condition  for 
health,  cleanliness  and  safety;  take  down  and  remove  buildings, 
walls  or  superstructures  that  are  or  may  become  dangerous,  or 
require  owners  to  remove  or  put  them  in  a  safe  and  secure  con¬ 
dition,  at  their  own  expense;  shall  provide  for  the  safe  con¬ 
struction,  inspection  and  repair  of  all  private  or  public  buildings 
within  the  city;  compel  persons  to  aid  in  extinguishing  fires,  or  in 
the  preservation  of  property  liable  to  be  destrdyed  or  stolen. 

Sec.  4.  The  style  of  ordinance  passed  in  pursuance  of  this 
charter  shall  be  “BE  IT  ORDAINED  BY  THE  COMMON 
COUNCIL  OF  KANSAS  CITY.”  Ordinances  may  originate 
in  either  house,  and  may  be  amended  or  rejected  by  either  house. 

Sec.  5.  No  ordinance  shall  be  deemed  passed  by  either 
house  until  it  is  signed  by  the  presiding  officer  thereof,  and  he 
shall  immediately  sign  it  in  open  session,  and  the  clerk  shall, 
as  soon  as  possible,  transmit  the  same  to  the  other  house ;  and 


29 


I- 

if  the  ordinance  shall  be  passed  by  such  other  house  without 
amendment,  it  shall  be  immediately  signed  in  open  session  by  the 
presiding  officer  thereof  and  be  thereafter  presented  to  the 
Mayor.  If  it  be  amended  in  such  other  house,  it  shall  be 
immediately  signed  by  the  presiding  officer  thereof  in  open  ses¬ 
sion  and  returned  to  the  house  from  which  it  came,  and  if  the 
amendment  is  there  concurred  in,  it  shall  be  immediately  signed 
by  the  presiding  officer  of  the  house  so  concurring  and  be  there¬ 
after  presented  to  the  Mayor.  If  the  Mayor  approve  any  ordi¬ 
nance,  he  shall  sign  it;  if  not,  he  shall  return  it  to  the  City  Clerk 
with  his  objections,  and  the  City  Clerk  shall,  at  the  next  session 
of  the  house  in  which  it  originated,  return  it  to  such  house.  If 
in  either  house  any  member  shall  object  that  any  substitution, 
omission  or  insertion  has  occurred,  so  that  the  ordinance  pro¬ 
posed  to  be  signed  is  not  the  same  in  substance  and  form  as  when 
considered  and  passed  by  the  house,  such  objection  shall  be 
passed  upon  by  the  house,  and,  if  sustained,  the  presiding  officer 
shall  withhold  his  signature  until  the  proper  correction  is  made: 

Sec.  6.  If  any  ordinance  presented  to  the  Mayor  contains 
several  items  of  appropriation,  he  may  object  to  one  or  more 
items  while  approving  the  other  portions  of  the  ordinance.  In 
such  case  he  shall  append  to  the  ordinance,  at  the  time  of  signing 
it,  a  statement  of  the  items  to  which  he  objects,  and  his  reasons 
therefor,  and  return  the  same  to  the  City  Clerk  within  the  same 
time  and  manner,  with  the  same  effect,  as  to  the  items  so  objected 
to,  and  for  the  purpose  of  taking  the  same  action  in  relation  to 
each  item  of  appropriation  so  objected  to  as  provided  for  ordi¬ 
nances  returned  without  the  approval  of  the  Mayor.  But  the 
portions  of  the  ordinance  not  so  objected  to  shall  take  effect  upon 
the  approval  thereof. 

• 

Sec.  7.  Every  ordinance  presented  as  aforesaid,  but  re¬ 
turned  without  the  approval  of  the  Mayor,  and  with  his  objec¬ 
tions  thereto,  shall  stand  as  reconsidered  in  the  house  to  which  it 
is  returned.  Such  house  shall  cause  the  objections  of  the  Mayor 
to  be  entered  at  large  upon  the  journal,  and  proceed  at  its  con¬ 
venience  to  consider  the  question  pending,  which  shall  be  in  this 
form:  “Shall  the  ordinance  pass,  the  objections  of  the  Mayor 
thereto  notwithstanding?”  The  vote  upon  this  question  shall 
be  taken  by  yeas  and  nays,  and  the  names  entered  upon  the 
journal;  and  if  two-thirds  of  all  the  members  elected  to  such 
house  vote  in  the  affirmative,  except  when  in  this  charter  a  larger 
vote  is  required,  the  presiding  officer  of  such  house  shall  certify 
that  fact  upon  the  ordinance,  attesting  the  same  by  his  signature, 
and  send  the  ordinance,  with  the  objections  of  the  Mayor,  to 
the  other  house,  in  which  like  proceedings  shall  be  had  in  rela- 


30 


1. 

tion  thereto,  and  if  the  ordinance  receive  a  like  majority  of  the 
votes  of  all  members  elected  to  such  other  house,  except  when 
in  this  charter  a  larger  vote  is  required,  the  vote  being  taken 
by  yeas  and  nays,  the  presiding  officer  thereof  shall  in  like  man¬ 
ner  certify  the  fact  upon  the  ordinance;  and  said  ordinance  shall 
then  be  and  become  a  law,  and  shall  further  be  authenticated  as 
having  become  a  law,  by  certificate  signed  by  the  City  Clerk, 
endorsed  thereon,  as  follows :  “This  ordinance,  having  been 
returned  by  the  Mayor,  with  his  objections  thereto,  and,  after 
reconsideration,  having  passed  both  houses  of  the  Common 
Council  by  a  vote  of  two-thirds  of  the  members  elect  of  each 

house,  has  become  a  law  this . day  of . . 

19. .  .  .,  . ,  City  Clerk.” 

And  such  ordinance  shall  be  filed,  recorded  and  preserved  in  the 
office  of  the  City  Clerk  as  other  ordinances. 

Sec.  8.  If  any  ordinance  shall  not  be  returned  by  the 
Mayor  within  ten  days  (Sundays  excepted),  after  it  shall  have 
been  presented  to  him  for  his  approval,  the  same  shall  become 
a  law  in  the  same  manner  as  if  he  had  approved  and  signed  it; 
and  said  ordinance  shall  be  authenticated  as  having  become  a 
law,  by  certificate  signec}  by  the  City  Clerk,  endorsed  thereon, 
as  follows:  “This  ordinance,  having  remained  with  the  Mayor 

ten  days  (Sundays  excepted),  has  become  a  law  this . 

day  of . .  19 . , 

City  Clerk.”  And  said  ordinance  shall  be  filed,  recorded  and 
preserved  in  the  office  of  the  City  Clerk  as  other  ordinances. 

Sec.  9.  No  ordinance  shall  be  revived  or  re-enacted  by 
mere  reference  to  the  title  thereof,  but  the  same  shall  be  set  forth 
at  length  as  if  it  were  an  original  ordinance. 

Sec.  10.  No  ordinance  shall  be  amended  by  providing 
that  designated  words  thereof  be  stricken  out  and  others  inserted 
in  lieu  thereof,  but  the  ordinance,  or  section  amended,  shall  be 
set  forth  in  full  as  amended. 

Sec.  11.  When  an  ordinance  is  put  upon  its  final  passage 
in  either  house,  and,  failing  to  pass,  a  motion  is  made  to  recon¬ 
sider  the  vote  by  which  it  was  defeated,  the  vote  upon  such 
motion  to  reconsider  shall  be  immediately  taken  and  the  subject 
finally  disposed  of  before  the  house  proceeds  to  other  business. 

*  ,  , 

Sec.  12.  All  ordinances  of  the  city  may  be  proved  by  the 
seal  of  the  city.  When  printed  or  published  by  authority  of  the 
city,  the  same  shall  be  received  in  evidence  in  all  courts  and 
places  without  further  proof. 


31 


Sec.  13.  The  City  Clerk  shall  cause  a  correct  abstract  of 
the  proceedings  of  the  Common  Council  to  be  made  out  and 
published  in  at  least  one  newspaper  in  the  city.  This  abstract 
shall  present  in  brief  the  substance  of  all  petitions,  memorials 
and  remonstrances,  of  all  motions  and  propositions,  and  all 
ordinances,  resolutions  and  orders,  so  as  to  exhibit  their  nature 
and  import,  and  shall  also  present  a  brief  and  accurate  state¬ 
ment  of  all  proceedings  in  relation  thereto.  The  communications 
of  the  Mayor  and  other  city  officers  shall  be  published  in  full 
when  the  Common  Council  shall  so  direct;  but  it  shall  be  so 
ordered  that  the  expense  of  publishing  the  same  document  the 
second  time  shall  not  be  incurred. 

Sec.  14.  Immediately  after  the  adjournment  of  any  ses¬ 
sion  of  either  house,  the  City  Clerk  shall  file  in  his  office  all  the 
original  ordinances  and  all  resolutions  which  may  have  become 
law's  thereat,  and  shall  record  the  same  in  well  bound  books 
provided  for  that  purpose  by  the  city;  provided,  that  no 
ordinance  shall  be  recorded  until  it  shall  have  become  a  law. 
He  shall  also'  make  a  written  index  of  the  subject  of  each  ordi¬ 
nance  and  resolution,  its  number  and  date  of  becoming  a  law', 
together  with  the  record  and  page  where  found,  and  shall  pre¬ 
serve  the  file  and  records  in  his  office. 

Sec.  15.  No  person  or  property  shall  be  exempted  or  re¬ 
leased  from  any  burden  imposed  by  or  according  to  law'.  No 
general  or  special  tax  or  assessment,  or  interest  or  penalty  there¬ 
on,  shall  be  remitted  or  abated,  or  the  right  to  enforce  payment 
thereon  be  released,  except  in  correction  of  clerical  errors.  After 
the  levy  of  any  tax,  neither  the  amount  thereof  nor  the  valua¬ 
tion  of  any  property  for  the  levy  shall  be  reduced  except  only  in 
the  correction  of  clerical  errors. 

Sec.  16.  The  owners  of  real  property  may  be  required, 
under  rules  and  regulations  to  be  prescribed  by  this  charter  and 
by  ordinance,  to  make  repairs  of  sidewalks,  curbing  and  gutter¬ 
ing,  or  any  of  them,  in  front  of  their  property,  and  on  the  ad¬ 
joining  side  of  the  street  or  avenue,  and  of  alleys  in  the  rear  or 
on  the  adjoining  side  thereof,  and  owners,  occupants  or  ten¬ 
ants  may  be  required  to  keep  sidewalks  clean  and  free  from 
ice,  snow,  earth  or  other  substances,  and  sprinkle  the  street  in 
front  of  property  owned  or  occupied  by  them  and  on  the  ad¬ 
joining  side  of  the  street  or  avenue,  and  also  to  clean  the  alleys  in 
the  rear  of  such  property  or  adjoining  the  same,  and  to  keep 
such  streets,  avenues  and  alleys  free  from  filth,  dirt  and  rubbish; 
such  rules  and  regulations  shall  be  deemed  police  regulations, 
and  violations  thereof  may  be  punished  by  fine  or  imprisonment 


82 


* 


or  both ;  and  any  such  owners,  occupants  or  tenants,  or  any  per¬ 
son  having  control  of  any  land  or  ground,  who  shall  allow  or 
maintain  thereon  weeds  or  any  rank  vegetable  growth,  may  be 
required  to  cut,  trim  and  remove  the  same. 

The  Common  Council  may,  by  ordinance,  declare  any  such 
weeds  or  other  rank  vegetable  growth  to  be  a  nuisance,  and 
provide  for  the  abatement  of  the  same  at  the  expense  of  the 
owner  of  such  property,  in  any  manner  prescribed  in  this  char¬ 
ter  or  ordinance  passed  pursuant  thereto,  for  the  abatement  of 
nuisances.  Such  rules  and  regulations  shall  be  deemed  police 
regulations,  and  violations  thereof  may  be  punished  accordingly 
by  fine  or  imprisonment,  or  both. 


» 


\ 


t 


\ 


\ 


ARTICLE  IV. 


Municipal  Officers. 

Section  1.  The  chief  executive  officer  of  the  city  shall  * 
be  the  Mayor,  who  shall  bq  elected  by  the  qualified  voters  of  the 
city  and  shall  hold  his  office  for  a  term  of  two  years  and  until 
his  successor  shall  have  been  duly  elected  and  qualified.  The 
executive  and  administrative  authority  of  the  city  shall  be  vested 
in  him,  excepting  only  the  authority  by  this  Charter  vested  in  or 
allowed  by  ordinance  to  be  conferred  upon  other  officers  or  the 
various  departments. 

i 

Sec.  2.  No  person  shall  be  Mayor  who  has  not  resided  in 
the  territory  embraced  within  the  city  limits  for  the  five  years 
next  preceding  the  date  of  his  election,  and  who  does  not  possess 
the  qualifications  of  a  member  of  the  Upper  House  of  the  Com¬ 
mon  Council  as  hereinbefore  defined;  nor  shall  any  person  con¬ 
tinue  in  the  office  of  Mayor  who  shall  have  ceased  to  possess 
any  of  the  said  qualifications. 

Sec.  3.  The  Mayor  may  be  removed  from  office  for  any 
misdemeanor  or  other  offense,  by  a  concurrent  vote  of  two- 
thirds  of  both  houses  of  the  Common  Council  elect,  and  the  yeas 
and  nays  shall  be  entered  upon  the  journal  of  each  house. 

Sec.  4.  The  Mayor  shall  take  care  that  the  laws  of  the 
State,  the  provisions  of  this  charter  and  the  ordinances  of  the 
city  are  enforced.  He  shall,  from  time  to  time,  give  the  Council 
information  relative  to  the  state  of  the  city  and  shall  recommend 
to  their  consideration  such  measures  as  he  shall  deem  expedient 
and  for  the  advantage  of  the  city.  He  shall  have  power  to  ap¬ 
point,  in  the  manner  provided  by  this  charter,  all  city  officers, 
agents  and  employes  not  elected  by  the  people  or  otherwise  ap¬ 
pointed.  In  all  cases  where  by  this  charter,  or  any  ordinance  of 
the  city,  the  Mayor  is  authorized  to  appoint  any  officer,  and  such 
appointment  is  required  to  be  confirmed  by  the  Upper  House  of 
the  Common  Council,  it  is  hereby  made  his  duty  to  make  such 
nomination  within  such  time  as  may  be  prescribed  by  ordinance. 
If  the  Upper  House  of  the  Common  Council  shall  refuse  its  con¬ 
sent  to  any  such  nomination  made  by  the  Mayor,  he  shall,  with- 
*  in  five  days,  nominate  another  person  to  fill  such  office.  If  he 
fail  to  make  a  nomination  within  that  time,  his  power  of  appoint¬ 
ment  shall  cease  during  the  remainder  of  the  term  for  which 


34 


such  officer  is  to  be  appointed,,  and  the  said  Upper  House  of  the 
Common  Council  shall  appoint  a  suitable  person  to  fill  the  office 
during  the  term. 

The  Mayor  may,  upon  good  cause  shown,  and  subject  to 
the  provisions  of  this  charter  in  reference  to  the  Board  of 
Pardons  and  Parole,  remit  fines,  forfeitures  and  penalties  accru¬ 
ing  from  or  imposed  for  the  violation  of  any  city  ordinance,  but 
such  remission  shall  be  effective  only  upon  report  of  the  same  to 
the  City  Comptroller. 

When  the  consent  of  the  Upper  House  of  the  Common 
Council  is  required  by  this  charter  to  the  appointment  of  any 
officer,  such  consent  can  only  be  given  by  a  majority  of  the  Upper 
House  of  the  Common  Council  elect,  voting  for  such  appoint¬ 
ment. 

Sec.  5.  The  President  of  the  Upper  House  of  the  Common 
Council  shall  perform  the  duties  of  Mayor  whenever  and  so  long 
as  the  Mayor  is  absent  from  the  city,  or  from  any  cause  is  unable 
to  perform  his  official  duties.  If  the  Mayor  and  President  of  the 
Upper  House  are  both  absent  from  the  city,  or  otherwise  dis¬ 
abled  from  performing  the  duties  of  Mayor,  the  Speaker  of  the 
Lower  House  of  the  Common  Council  shall,  for  the  time  being, 
discharge  the  duties  of  such  office,  and  the  compensation  of  the 
#  President  or  Speaker,  while  acting  as  Mayor,  shall  be  fixed  by 
ordinance. 

0  -  <  I  6 

Sec:  6.  The  Mayor  shall  have  power,  when  he  deems  it 
necessary,  to  require  any  officer  of  the  city  to  exhibit  his  ac¬ 
counts  or  other  papers,  and  to  make  report  in  writing  touching 
any  subject  he  may  require  pertaining  to  his  office.  He  shall 
ex-officio  be  a  member  of  all  appointive  boards,  but  without  the 
right  to  vote  therein. 

Sec.  7.  There  shall  be  a  City  Counselor  and  City  Auditor 
who  shall  be  appointed  by  the  Mayor.  There  shall  be  a  City 
Clerk  who  shall  be  elected  by  the  two  houses  of  the  Common 
Council  in  joint  session.  There  shall  be  a  City  Assessor  and  a  ’ 
>  Purchasing  Agent  who  shall  be  appointed  by  the  Mayor,  by  and 
with  the  advice  and  consent  of  the  Upper  House  of  the  Com¬ 
mon  Council.  All  of  said  officers  mentioned  in  this  section,  shall 
hold  their  offices  for  a  term  of  two  years,  unless  sooner  removed, 
and  in  all  cases  until  their  successors  are  appointed  and  qualified. 
All  of  the  officers  mentioned  in  this  section  shall  perform  such 
duties  as  may  be  prescribed  by  this  charter,  or  any  ordinance 
of  the  city,  pursuant  thereto;  provided ,  however,  that  the  City 
Counselor,  City  Clerk  and  City  Assessor  in  office  at  the  time  this 


85 


charter  goes  into  effect  shall  continue  in  office  until  the  third 
Monday  in  April  of  the  year  1909,  in  all  respects  as  though  ap¬ 
pointed  hereunder,  and  the  first  appointment  of  the  City  Coun¬ 
selor  shall  be  for  a  term  ending  on  the  third  Monday  in  April 
of  the  year  1910.  The  City  Auditor  in  office  at  the  time  this 
charter  goes-  into  effect  shall  hold  office  hereunder  until  the  third 
Monday  in  April  of  the  year  1910,  subject  to  the  terms  of  this 
charter  in  every  respect  as  though  he  were  appointed  to  such 
office  hereunder,  and  the  first  appointment  of  a  City  Auditor  for 
the  term  beginning  the  third  Monday  in  April,  1910,  shall  be 
for  one  year  only. 

In  case  the  Mayor  fails  to  make  any  appointment  provided 
for  by  this  charter  for  ten  days  after  it  becomes  his  duty  to  make 
such  appointment,  the  office  shall  be  filled  by  a  majority  vote  of 
the  members  elect  of  the  Upper  House  of  the  Common  Council. 

Sec.  8.  There  shall  be  a  Comptroller  and  a  Treasurer,  and 
a  Judge  of  the  Municipal  Court,  who  shall  be  elected  by  the 
qualified  voters  of  the  city,  who  shall  hold  their  offices  for  a  term 
of  two  years,  and  in  all  cases  until  their  successors  have  been 
duly  elected  and  qualified,  and  who  shall,  in  addition  to  the  duties 
prescribed  in  this  charter,  perform  such  other  duties  as  may  be 
provided  by  ordinance,  pursuant  thereto. 

Sec.  9.  Whenever  a  vacancy  shall  occur  in  any  office  pro¬ 
vided  by  law  to  be  filled  by  election  by  the  qualified  voters  of  the 
city,  except  members  of  the  Common  Council,  it  shall,  except 
as  otherwise  provided  in  this  charter,  be  filled  for  the  remainder 
of  the  term  by  election  by  joint  ballot  of  the  two  houses  of  the 
Common  Council  sitting  in  joint  session,  but  no  member  of  either 
house  of  the  Common  Council  shall  be  eligible  for  election. 
Within  five  days  after  such  vacancy  occurs  it  shall  be  the  duty 
of  the  President  of  the  Upper  House  to  convene  said  joint  assem¬ 
bly.  Any  such  vacancy,  except  in  the  office  of  Mayor,  may  be 
filled  temporarily  by  appointment  by  the  Mayor  until  a  successor 
has  been  duly  elected  as  last  aforesaid,  and  qualified. 

The  City  Comptroller  in  office  at  the  time  this  charter  goes 
into  effect,  shall  be  the  first  Comptroller,  as  if  elected  hereunder, 
to  hold  office,  however,  until  the  third  Monday  in  April,  1909, 
and  his  successor  shall  be  appointed  by  the  Mayor  for  the  term 
ending  the  third  Monday  in  April,  1910.  At  the  general  city 
election  to  be  held  in  1910  a  comptroller  shall  be  elected  to 
serve  for  two  years.  The  Treasurer  of  Kansas  City  in  office 
the  time  this  charter  goes  into  effect,  shall  be  the  first  Treas¬ 
urer  as  if  elected  hereunder,  for  the  term  ending  on  the  third 
Monday  of  April,  1910. 


36 


The  Police  Judge  of  Kansas  City  in  office  at  the  time  tffis 

Sm  aII?h?Hin,to  'fd“  a"  ««  P°wm  Z Z- 

rul  h  ,ndt  ,eS  Jud^e  ?f  tbe  Municipal  Court  as  if  elected 
hereunder,  until  a  judge  of  the  Municipal  Court  shall  be  elected 
at  the  general  city  election  held  in  April,  1910. 

tn  h  tEC'  10‘  The[®  is  herel>y  created  a  court  not  of  record 
t  £nown  as  ‘he  Municipal  Court  of  Kansas  City.  Such  court 

election  havt  h  °T  by,  a  jud^e  who  shall>  at  the  time  of  his 
nf  K,h  r  rb  ?n  fo^five  years  a  member  in  good  standing 
of  the  bar  of  Jackson  County,  Missouri.  The  city  may  by  or¬ 
dinance,  divide  the  Municipal  Court  into  two  or  more  divisions 
prescribe  the  time  and  place  of  holding  each  of  such  divisions 
e  territorial  district  of  the  city  within  which  each  division  shall 
exercise  jurisdiction,  and  provide  for  the  election,  at  any  general 

tionaTffi^  addlt'm  Judge°r  Jud£es  to  preside  over  such  addi¬ 
tional  division.  When  such  Municipal  Court  is  divided  into 

divisions  each  of  such  divisions  shall  possess  the  same  powers 
and  jurisdictions,  except  as  to  territorial  limits;  and  any  judqe 
of  any  division  may  preside  in  any  other  division  when  required 
by  ordinance  so  to  do.  Such  court,  or  each  division  thereof, 
shall  have  a  c  erk  appointed  in  accordance  with  the  Civil  Service 
rules  in  this  charter  provided,  whose  duty  shall  be  to  file  all  pro¬ 
ceedings  therein,  issue  all  process  and  perform  such  duties  as 
may  be  required  by  ordinance.  The  Municipal  Court  and  each 
division  thereof,  shall  have  jurisdiction  of  all  cases  arising  under 
PI?vls!on  of  this  charter  or  any  ordinance  of  the  city,  and 
,ha  likewise  exercise  sqch  jurisdiction  as  may  be  delegated  to 
it  the  general  law  of  the  State  of  Missouri. 

c™  -1!1  ?UItlmr  the  co|lecti°n  of  taxes,  or  for  the  enforcement  of 
special  tax  bills,  and  in  proceedings  for  taking  and  damaging 

private  property,  for  the  establishment  of  bill  board  restrictions 
and  other  easements,  and  for  ascertaining  damages  caused  by 
c  ange  o  grade,  or  other  exercise  of  the  power  of  eminent 

l'tu  J“ri!dicti?n  of  the  Municipal  Court  shall  be  con- 
.urrent:  with  the  Circuit  Court  of  Jackson  County,  Missouri.  In  ' 

exclusive  CaS6S’  ^  Jl’nsdiction  of  the  Municipal  Court  shall  be 

Whenever  a  person  shall  be  arrested  by  a  policeman  for  an 
offense ^gainst  the  city,  which  is  also  an  offense  against  the  State, 
ne  shall  be  tried  in  the  Municipal  Court. 

.  Appeals  may  be  taken  from  the  Municipal  Court  to  the  Cir¬ 
cuit  Court  of  Jackson  County,  Missouri,  in  all  cases,  except  the 
imposition  of  fines  or  penalties  for  the  breach  of  any  city  or¬ 
dinance,  in  which  case  the  appeal  shall  be  to  the  Criminal  Court 
of  Jackson  County.  The  Municipal  Court  shall  have  and  exer¬ 
cise  the  powers  of  a  Circuit  Court  for  the  preservation  of  order 


i 


3T 


and  enforcing  process  issued  in  the  course  of  proceedings  may 
summon  and  compel  the  attendance  of  witnesses,  and  when,  by 
this  charter,  a  jury  is  allowed,  may  summon  and  compel  the 
attendance  of  jurors,  pass  on  the  competency  of  evidence,  and 
instruct  the  jury  on  questions  of  law.  The  Common  Council  of 
the  city  may,  by  ordinance,  regulate  the  practice  in  said  court 
in  a  manner  not  inconsistent  with  this  charter  or  the  constitution 
and  laws  of  the  State  of  Missouri.  The  judge  or  judges  of  the 
Municipal  Court  shall  be  ex-officio  Justices  of  the  Peace,  and 
have  and  exercise  in  addition  to  any  jurisdiction  conferred  by 
this  charter,  such  powers  and  jurisdiction  as  may  be  delegated  to 
them  by  any  law  of  the  State  of  Missouri. 

The  Municipal  Court,  or  the  Clerk  thereof,  shall  pay  over 
to  the  City  Treasurer,  daily,  all  money  collected  from  fines, 
penalties  or  other  source. 

Sec.  11.  It  shall  be  the  duty  of  the  Comptroller  to  exer¬ 
cise  a  general  supervision  over  the  collection  and  return  into 
the  city  treasury  and  disbursement  of  all  the  revenues  and  other 
moneys  of  the  city,  and  over  the  proceedings  therefor;  over  all 
property,  assets  and  claims,  and  over  the  custody,  sale  or  other 
disposition  thereof.  He  shall  see  that  all  proper  and  legal  pro¬ 
ceedings  are  had  to  recover,  keep  and  manage  such  property  and 
other  interests,  and  that  all  proper  rules  and  regulations  are 
prescribed  and  observed  in  relation  to  all  accounts,  settlements 
and  reports  regarding  the  fiscal  concerns  of  the  city.  He  shall 
see  that  no  appropriation  of  funds  is  overdrawn  or  misapplied, 
and  that  no  liability  is  incurred,  nor  money  or  property  of  the 
city  disbursed  or  disposed  of  contrary  to  the  letter  and  spirit  of 
law.  He  shall  have  charge  of  all  the  general  accounts  of  the 
city,  and  prescribe  the  method  and  manner  of  keeping  books 
of  general  as  well  as  of  subsidiary  accounts  in  all  of  the  offices 
and  departments,  and  the  form  of  receipts  and  vouchers.  He 
shall  have  general  supervision  and  direction  over  all  accounting 
officers,  and  shall  have  access  to  all  books  and  records  of  the  de¬ 
positaries  and  fiscal  agents  of  the  city.  He  shall  promptly  report 
in  writing  to  the  Mayor,  and  to  the  Common  Council,  any  de¬ 
fault  or  delinquency  he  may  discover. 

Whenever  it  shall  be  found  that  any  officer,  clerk  or  employe 
shall  have  refused  or  failed  to  keep  any  of  the  books  or  records, 
or  shall  have  refused  or  failed  to  transmit  vouchers  or  papers 
pertaining  to  or  in  support  of  accounts,  in  the  manner  prescribed 
by  charter,  or  ordinance,  or  in  manner  necessary  to  support  or 
verify  accounts  as  the  same  may  have  been  required  by  the 
Comptroller  to  be  kept,  such  refusal  or  failure  shall  constitute  a 
misdemeanor,  punishable  by  fine  of  not  less  than  One  Hundred 
nor  more  than  Five  Hundred  Dollars,  or  by  imprisonment  "for 
not  less  than  thirty  nor  more  than  ninety  days,  or  by  both  such 


38 


\ 

fine  and  imprisonment.  The  Comptroller  may  administer  oaths 
and  may  require  all  settlements,  returns,  reports  and  claims  to  be 
verified  by  affidavit.  A  complete  double-entry  system  of  general 
accounts  shall  be  devised  and  installed,  which  shall  contain  a 
complete  classification%nd  summary,  (1)  of  all  current  revenues 
accrued  to  the  city,  (2)  of  all  expenses  incurred  by  the  city, 
(3)  of  all  resources  and  liabilities  of  the  city,  and  the  accounts  of 
resources  and  liabilities  shall  be  so  classified  that  at  any  time  the 
city  may  know  (a)  what  liabilities  are  current  (due  or  to  become 
due  within  the  fiscal  period),  and  what  assets  may  be  made  avail¬ 
able  to  meet  said  current  liabilities,  and  (b)  what  liabilities  have 
been  incurred  and  appropriations  made  for  permanent  properties 
and  improvements,  and  the  fund  on  hand  for  permanent  proper¬ 
ties  and  improvements,  and  properties  acquired  for  continuous 
use,  and  also  (4)  of  every  levy  of  special  taxes  and  assessments 
and  the  collections  and  disbursements  on  account  thereof,  and 
other  payments  and  discharges  thereof,  showing  at  all  times  the 
condition  of  every  account  arising  from  such  taxes  and  assess¬ 
ments. 

Sec.  12.  After  money  shall  have  been  duly  appropriated 
by  ordinance,  whether  generally  to  the  use  of  a  department  or 
for  a  special  purpose,  the  same  may  be  paid  out  by  the  officer 
or  department  having  charge  of  the  expenditure  by  requisition 
upon  the  Auditor  for  warrants  upon  the  Treasurer,  without 
further  action  of  the  Common  Council,  provided ,  however,  that 
in  the  case  of  the  Board  of  Fire  and  Water  Commissioners,  no 
contract  shall  be  made  binding  the  city  when  the  consideration  or 
total  liability  is  more  than  Five  Thousand  Dollars,  unless  such 
contract  be  approved  by  the  Common  Council,  and  in  case  of 
all  other  departments,  contracts  may  not  be  made  when  the  con¬ 
sideration  or  total  liability  is  more  than  Twenty-five  Hundred 
Dollars,  without  such  approval. 

Claims  against  the  city  shall,  before  payment,  be  approved 
by  the  head  of  the  department,  or  the  President  of  the  Board  to 
which  the  expense  is  chargeable,  and  if  not  chargeable  to  any 
department,  they  shall  be  approved  by  the  Mayor,  and  shall  also 
be  approved  by  the  officer  or  agent  who  incurred  the  obligation, 
and  when  the  claim  is  for  materials,  goods  or  supplies,  shall  bear 
a  certificate  as  to  quantity  and  quality  signed  by  the  person  who 
first  received  such  materials,  goods  or  supplies  on  behalf  of  the 
city.  The  City  Auditor  shall  examine  such  claims  and  see  that 
they  are  arithmatically  correct,  are  in  proper  form,  and  that  they 
bear  the  approval  of  the  persons  required  by  law,  and  when  cor¬ 
rect  and  in  form  and  duly  approved,  he  shall,  upon  the  requisi¬ 
tion  of  the  department  or  the  Mayor,  as  the  case  may  be,  draw 
warrants  on  the  City  Treasurer  in  payment  of  the  same. 


39 


It  shall  be  the  duty  of  the  Comptroller  to  countersign  war¬ 
rants  for  all  claims  justly  due  and  owing  from  the  city,  but  he 
shall  not  countersign  any  warrant  unless  there  be,  at  the  time, 
money  in  the  treasury  duly  appropriated  by  ordinance  and  proper¬ 
ly  applicable  to  the  payment  thereof.  Money  in  the  treasury, 
standing  in.  a  sinking  fund  or  resulting  from  a  levy  of  taxes 
for  the  payment  of  bonds  or  interest,  shall  be  considered  duly 
appropriated  for  the  payment  of  the  particular  bonds  or  interest 
for  which  levied  or  accumulated,  without  further  ordinance  to 
that  effect,  and  money  in  special  trusts  paid  into  the  treasury 
pursuant  to  condemnation  proceedings  or  resulting  from  special 
taxes  or  assessments,  shall  be  considered  duly  appropriated  to  the 
purpose  for  which  collected,  received  or  held,  and  may  be  paid 
out  accordingly.  For  the  payment  of  bonds  of  the  city  or  interest 
thereon,  or  for  any  money  in  special  trusts  as  aforesaid,  the 
Comptroller  shall,  with  the  written  approval  of  the  Mayor,  make 
a  requisition  upon  the  Auditor  for  a  warrant  on  the  Treasurer 
for  that  purpose. 

Sec.  13.  Neither  the  Common  Council  nor  any  depart¬ 
ment  or  officer  of  the  city,  except  the  Comptroller,  in  a  single 
instance  in  this  charter  provided,  shall  have  authority  to  make 
any  contract  or  do  any  act  binding  the  city,  or  imposing  upon 
the  city  any  liability  to  pay  money  until  a  difinite  amount  of 
money  shall  first  have  been  appropriated,  or  set  aside  by  a  depart¬ 
ment  out  of  money  already  appropriated  for  the  liquidation  of 
all  pecuniary  liability  of  said  city  under  said  contract,  or  in  conse¬ 
quence  of  said  act;  and  the  amount  of  said  appropriation  or 
money  so  set  aside,  shall  be  the  maximum  limit  of  the  liability  of 
the  city  under  any  such  contract  or  in  consequence  of  such  act, 
and  said  contract  or  act  shall  be  ab  initio  null  and  void  as  to  the 
city  for  any  other  or  further  liability;  provided,  however,  that 
nothing  in  this  charter  contained'  shall  preclude  the  city  from 
making  contracts  for  the  period  not  exceeding  ten  years  for  the 
disposition  of  garbage  or  offal,  under  the  regulation  contained  in 
Article  XIV  of  this  charter,  nor  from  making  contracts  for  the 
cleaning  and  sprinkling  of  streets,  alleys  and  public  places,  or 
any  part  thereof,  for  periods  not  exceeding  five  years,  nor  from 
making  contracts  for  repairing  or  maintaining  streets  for  periods 
not  exceeding  three  years.  Money  shall  be  considered  as  so  set 
aside  by  a  department  only  when  upon  order  of  the  department 
the  Comptroller  shall  transfer  the  amount  to  a  special  account 
for  the  purpose  of  the  special  contract,  and  shall  give  his  state¬ 
ment  in  writing  to  that  effect.  Any  member  of  the  Common 
Council,  who  shall  knowingly  vote  for  any  appropriation  of 
money  or  the  making  of  any  contract  in  violation  of  this  charter, 
or  any  officer  of  the  city  who  shall  knowingly  do  any  act  to 


40 


impose  upon  the  city  any  pecuniary  liability  in  excess  of  the 
authority  in  the  charter  limited,  shall  be  guilty  of  a  misdemeanor 
and,  upon  conviction,  shall  be  punished  by  a  fine  of  not  less  than 
One  Hundred  nor  more  than  One  Thousand  Dollars  or  impris¬ 
onment  in  the  county  jail  not  less  than  one  month  nor  more  than 
one  year,  or  by  both  such  fine  and  imprisonment.  / 

Sec.  14.  The  Comptroller  is  specially  charged  with  the 
preservation  of  the  credit  and  faith  of  the  city  in  relation  to  its 
bonded  indebtedness.  At  the  first  meeting  of  the  Common  Coun¬ 
cil  in  each  fiscal  year,  he  shall  certify  to  the  Lower  House  the 
amount  of  money  necessary  to  be  raised  by  taxation  for  the  pay¬ 
ment  of  bonds  and  interest  maturing,  during  the  current  fiscal 
year,  and  also  the  amount  necessary  to  meet  all  obligations  of 
H!f_clly  account  of  sinking  funds  for  bonds  outstanding,  set- 

fU  y , m  ■  d,etai  the  condition  of  the  entire  bonded 
indebtedness  and  sinking  funds  and  showing  the  amount  of 

money  needed  for  each  series,  or  issue  of  bonds,  for  interest, 
or  principal,  and  for  sinking  fund.  If  necessary  to  preserve  the 
pub  ic  credit,  the  Comptroller  may  anticipate  any  part  of  the 
annual  revenue  levied  for  the  purpose  of  paying  bonds  and  inter- 

the  CrfLi  7fh,  th<:  Wal  of  the  Mayor,  obtain  loans  on 
fall  due3^  and  felth  °f  thC  C'ty  t0  meet  bonds  interest  about  to 

Sec.  15.  Sinking  funds  for  bonds  .of  the  city  mav  be 
invested  by  the  Comptroller  in  bonds  of  the  United  States,  of 
the  State  of  Missouri,  of  the  County  of  Jackson,  of  the  School 
District  of  Kansas  City  or  of  Kansas  City,  on  the  best  terms 
obtainable,  and  he  shall  at  all  times  keep  a  full  and  accurate 
description  and  account  of  all  bonds  outstanding  in  each  and 
every  sinking  fund.  The  Comptroller,  by  and  with  the  consent 
of  a  majority  of  the  members-elect  of  the  Upper  House  of  the 
Common  Council,  shall  sell  the  securities  belonging  to  a  sinking 
fund,  or  any  part  of  them,  on  the  best  terms  obtainable,  when 
e  pioceeds  thereof  may  be  needed  for  the  payment  of  bonds, 
and  he  may,  with  such  consent,  exchange  any  bonds  belonging 
.o  a  sinking  fund  for  bonds  of  the  city  whenever  such  exchange 
is  advantageous  to  the  city.  Any  moneys  remaining  in  a  sinking 
fund  after  payment  of  the  entire  bonded  debt  for  which  it  was 
accumulated,  shall  be  paid  into  the  general  fund. 

Whenever  any  bonds,  interest  coupons  or  other  written  or 
pnnted  evidences  of  debt  of  the  city  shall  be  paid  and  discharged 
they  shall  be  cancelled  by  the  Comptroller  in  the  presence  of  a 
committee  of  the  Lower  House  of  the  Common  Council  and 
such  committee  shall  report  to  such  House  a  full  and  detailed 
descnptjon  of  said  bonds  so  cancelled  and  burned,  which  report 
s  ia  be  entered  upon  the  minutes  of  the  Lower  House  in  full. 


41 


Sec.  16.  All  departments  of  the  city  and  all  officers  keep¬ 
ing  accounts  shall,  within  ten  days  after  the  close  of  each  fiscal 
year,  make  reports  to  the  Comptroller  showing  the  financial 
transactions  for  such  year,  in  such  form  and  detail  as  may  be 
required  by  ordinance,  and  shall  make  such  other  reports  as  he, 
or  either  House  of  the  Common  Council  may,  from  time  to  time, 
require.  The  Comptroller  shall  make  annual  reports  to  the  Com¬ 
mon  Council  covering  the  financial  affairs  of  the  city  for  each 
fiscal  year,  within  fifteen  days  after  the  close  thereof,  transmit¬ 
ting  with  such  report  the  reports  for  the  year  of  all  departments 
and  officers;  shall  make  regular  intermediary  reports  as  may  be 
prescribed  by  ordinance,  and  shall  make  special  reports  when¬ 
ever  requested  by  the  Mayor  or  by  either  House  of  the  Common 
Council,  on  the  financial  condition  of  the  city.  The  Comptroller’s 
report  and  such  portions  or  summaries  of  the  other  reports  as 
may  be  required  by  ordinance,  shall  be  printed  within  thirty  days 
for  distribution.  He  shall  provide  and  keep  in  his  office  reliable 
and  complete  tables  of  all  property  and  assets  of  the  city,  all  con¬ 
tracts,  names  of  contractors,  and  names  of  employes,  in  such 
manner  as  to  show  the  department  in  which  they  are  employed, 
their  salaries,  powers  and  duties,  and  how  appointed.  -  He  may, 
subject  to  the  Civil  Service  laws,  rules  and  regulations  con¬ 
tained  in  or  provided  for  by  this  charter,  appoint  such  deputies 
and  clerks  as  may  be  provided  for  by  ordinance.  No  person  shall 
be  elected  to  the  office  of  Comptroller  who  has  not  resided  in  the 
city  five  years  next  before  his  election,  and  shall  not  have  attained 
the  age  of  thirty  years. 


Sec.  17.  It  shall  be  the  duty  of  the  Treasurer  to  receive 
and  keep  the  money  of  the  city  and  pay  out  the  same  on  war¬ 
rants  drawn  by  the  Auditor  and  countersigned  by  the  Comp¬ 
troller  and  not  otherwise.  He  shall  collect  all  taxes  and  licenses 
levied  or  charged  by  the  city,  and  all  moneys  due  the  city  from 
any  source,  except  as  otherwise  provided  by  law,  pursuant  to 
this  charter,  for  collection  by  others;  he  may,  subject  to  the  Civil 
Service  rules,  laws  and  regulations  contained  in  or  provided  by 
this  charter,  appoint  such  deputies  and  clerks  as  may  be  provided 
for  by  ordinance,  and  he  shall  be  responsible  for  all  the  acts  of 
his  deputies  and  clerks.  All  moneys  belonging  to  the  city  and 
received  by  any  officer  or  agent  thereof  shall  promptly  be  depos¬ 
ited  in  the  treasury  and  the  Treasurer  shall  daily  deposit  all 
moneys  received  by  him  in  the  depository  banks  of  the  city.  For 
all  moneys  received  the  Treasurer  shall  give  a  duplicate  receipt, 
one  of  which  shall  be  countersigned  by  the  Auditor  before  deliv¬ 
ery  to  the  party  paying,  and  the  other  shall  be  delivered  to  and 
retained  by  the  Auditor.  Both  the  Treasure  and  Auditor  shall 


? 


42 

* 

daily  report  to  the  Comptroller  the  amount  of  money  received 
into  the  treasury  and  from  what  source. 

Sec.  18.  Immediately  after  the  third  Monday  in  April  fol¬ 
lowing  each  general  election,  and  whenever  occasion  may  require, 
the  Mayor,  Comptroller  and  City  Counselor  shall  select  banks  or 
banking  institutions  in  the  city,  which  will  give  a  satisfactory 
rate  of  interest  for  a  period  beginning  on  the  first  day  of  August 
next  ensuing  and  ending  in  one  or  two  years,  for  the  current 
deposit  of  the  city  funds  estimated  on  daily  balances  and  paid 
monthly  on  the  first  day  of  each  calendar  month;  and  the  city 
Treasurer  shall  keep  the  city’s  funds  in  the  banks  or  banking 
institutions  so  selected ;  provided,  however,  that  before  any  bank 
or  banking  institution  shall  be  so  selected  or  deposits  made 
therein  by  the  Treasurer,  such  bank  or  banking  institution  shall 
give  bond  in  such  amount  as  shall,  from  time  to  time,  be  pre¬ 
scribed  by  ordinance,  wdth  good  and  sufficient  sureties  to  be 
approved  by  the  Mayor  and  a  two-thirds  vote  of  the  members- 
elect  of  the  Upper  House  of  the  Common  Council,  for  the  safe¬ 
keeping  and  prompt  payment  w'hen  demanded  by  the  Treasurer 
of  said  funds  and  every  part  thereof  deposited  in  such  bank  or 
banking  institution,  and  shall  at  all  times  keep  the  sureties  on 
the  bonds  satisfactory  to  the  Mayor  and  Upper  House  of  the 
Common  Council,  and  the  amount  of  such  bonds  may  from  time 
to  time  be  increased  by  the  Mayor  and  Upper  House  of  the  Com¬ 
mon  Council.  It  shall  be  the  duty  of  the  Treasurer,  whenever 
requested  by  the  Mayor,  to  send  a  circular  letter  to  each  bank 
and  banking  institution  in  the  city,  soliciting  bids  for  keeping 
the  funds  of  the  city  for  the  term  herein  specified  and  until  a 
new  selection  shall  be  made  and  the  funds  removed.  The  Treas¬ 
urer  shall  divide  said  funds  into  three  or  more  equal  parts  as 
near  as  may  be  practicable,  as  may  be  determined  by  the  Comp¬ 
troller,  and  the  bids  may  be  for  one  or  more  of  such  parts.  The 
circular  shall  state  the  conditions  to  be.  complied  with  by  the 
bidders  and  what  each  bid  shall  set  forth  and  what  security,  if 
any,  is  required  to  accompany  each  bid ;  and  that  the  bidder  will 
comply  with  the  terms  thereof  if  accepted.  Bids  sent  to  the  city 
Treasurer  shall  be  sealed  and  marked,  “Bids  for  City  Funds,” 
and  the  Treasurer  shall  endorse  thereon  the  time  of  the  receipt 
of  the  same,  and  he  shall  open  the  bids  on  the  day  named  in  the 
circular  letter  in  the  presence  of  the  Mayor,  Comptroller  and 
City  Counselor,  who  shall  select  and  designate  three  or  more  of 
such  banks  or  banking  institutions  as  depositaries  of  the  city 
funds.  The  Mayor,  Comptroller  and  City  Counselor  may  accept 
the  highest  and  best  bids  for  any  of  said  parts  of  said  funds, 
except  that  no  one  bid  may  be  accepted  for  more  than  one-third 
of  the  whole  funds,  or  they  may  reject  all  bids  or  accept  a  bid 
or  bids  for  one  or  more  of  said  parts,  and  reject  the  other  bids; 


43 


if  the  bid  or  bids  for  all  of  said  funds  are  not  accepted  they  shall 
immediately  direct  the  Treasurer  to  invite  new  bids,  in  the  man¬ 
ner  hereinbefore  provided,  for  the  parts  of  said  funds  for  which 
no  bid  is  accepted.  Interest  on  city  funds  paid  by  banks  or  bank¬ 
ing  institutions  shall  be  credited  by  the  Treasurer  into  the  general 
fund  of  the  city.  The  Treasurer  shall  not  be  responsible  for  any 
'  loss  from  any  failure  or  default  of  such  bank  or  banking  institu¬ 
tion.  The  Treasurer,  as  full  compensation  for  his  services,  shall 
receive  such  salary  as  may  be  prescribed  by  ordinance,  and  shall 
receive  no  fee  whatever  for  any  services  performed  by  him. 

Sec.  19.  The  Treasurer  shall  have  the  custody  and  care  of 
all  bonds  and  other  securities  belonging  to  sinking  funds,  and  he, 
and  the  sureties  on  his  bond,  shall  be  liable  for  any  loss  or  mis¬ 
appropriation  of  the  bonds  or  securities  or  the  proceeds  thereof, 
the  same  as  for  any  money  of  the  city  for  which  he  is  liable. 
The  City  Comptroller  shall  turn  over  to  the  City  Treasurer,  as 
soon  as  obtained,  all  bonds  and  securities  purchased  for  sinking 
funds,  taking  the  Treasurer’s  receipt  therefor,  ‘which  he  shall 
carefully  preserve  in  his  office,  and  the  fact  of  such  delivery 
shall  relieve  the  Comptroller  of  responsibility  for  any  loss  or  mis¬ 
appropriation  of  the  bonds  and  securities.  The  Treasurer  shall 
collect  said  bonds  and  securities  and  the  interest  thereon  as  the 
same  or  any  part  thereof  may  become  due,  and  shall  report  the 
collection  of  the  same  to  the  Comptroller.  When  it  becomes 
necessary  to  sell  or  exchange  bonds  or  securities  as  provided  in 
this  charter,  the  Comptroller  may  make  his  requisition  in  writing 
on  the  Treasurer,  with  the  written  approval  of  the  Mayor 
endorsed  thereon,  for  such  of  the  bonds  and  securities  as  he  may 
require,  and  on  such  requisition  so  approved,  the  Treasurer  shall 
deliver  the  bonds  and  securities  to  the  Comptroller,  taking  his 
recipt  therefor,  and  the  fact  of  such  delivery  shall  relieve  the 
Treasurer  from  any  responsibility  on  account  of  the  bonds  and 
securities  so  delivered,  and  transfer  the  same  to  the  Comptroller 
and  his  sureties. 

Sec.  20.  At  least  once  in  each  fiscal  year,  and  oftener  if 
necessary,  the  Lower  House  of  the  Common  Council,  by  com¬ 
mittee,  shall,  without  notice  given,  inspect  and  count  the  bonds 
and  other  securities  in  the  custody  of  the  Treasurer  belonging  to 
the  sinking  funds.  Such  committee  shall  make  a  detailed  report 
to  the  Lower  House  of  the  Common  Council  of  the  result  of  the 
inspection  and  count,  giving  the  number  and  amount  of  the  bonds 
and  other  securities  and  their  description,  and  such  report  shall 
be  spread  in  full  on  the  minutes  of  the  Lower  House  of  the  Com¬ 
mon  Council. 


I 


44 

Sec.  21.  The  City  Counselor  shall,  in  person  or  by  his 
assistants,  appear  in  the  Municipal  Court  and  attend  to  all  cases  ' 
of  criminal  or  civil  nature  arising-  therein  in  which  the  city  may 
be  a  party  or  in  any  wise  interested,  and  he  shall  in  person,  or 
by  his  assistants,  appear  for  the  city  in  all  courts  in  this  state 
wherein  the  city  may  be  a  party  plaintiff  or  defendant,  or  a 
party  in  interest,  and  shall  perform  such  other  duties  as  may  be 
perscribed  in  this  charter,  or  by  ordinance.  He  shall,  subject  to 
the  Civil  Service  rules,  laws  and  regulations  contained  in  or  pro¬ 
vided  for  in  this  charter,  appoint  such  assistants,  claim  agents 
and  persons  to  assist  him  in  the  legal  business  of  the  city  as'  may 
be  provided  by  ordinance. 

Sec.  22.  It  shall  be  the  duty  of  the  City  Clerk,  in  person  or 
by  deputy,  to  attend  all  meetings  of  each  House  of  the  Common 
Council,  and  to  keep  a  true  record  of  its  proceedings  and  also  to 
keep  a  record  of  all  official  acts  of  the  Mayor,  and  when  necessary 
to  attest  them;  he  shall  also  keep  and  preserve  in  his  office  the 
corporate  seal  of  the  city,  and  all  records,  public  papers  and  doc¬ 
uments  of  the  city  not  belonging  to  any  other  officer.  He  shall 
be  authorized  to  administer  oaths;  and  copies  of  all  papers  filed  in 
his1  office  and  transcripts  from  the  records  of  the  proceedings  of 
the  Common  Council  duly  certified  by  him  under  the  corporate 
seal  of  the  city  shall  be  taken  as  evidence  in  all  courts  of  this 
state;  and  he  shall  perform  such  other  duties  as  may  be  pre¬ 
scribed  by  ordinance.  He  shall,  subject  to  the  Civil  Service  laws, 
rules  and  regulations  contained  in  or  provided  for  by  this  char¬ 
ter,  appoint  such  deputies  and  assistants  as  may  be  provided  by 
ordinance.  He  may  be  removed  for  any  cause  specified  in  this 
charter  by  a  two-thirds  vote  of  both  Houses  of  the  Common 
Council  in  joint  session.  Any  vacancy  in  the  office  of  the  City 
Clerk  shall  be  filled  by  election  by  the  two  Houses  of  the  Com¬ 
mon  Council  in  joint  session. 

Sec.  23.  The  City  Auditor  shall  be  a  competent  accountant. 
He  shall  draw  warrants  upon  the  treasury  for  all  payments 
authorized  or  required  to  be  made  by  this  charter,  or  by  any 
ordinance  passed  in  pursuance  thereof;  shall  countersign  all 
receipts  given  by  the  Treasurer  for  money,  retaining  a  duplicate 
thereof  and  shall  keep  accounts  showing  at  all  times  the  condition 
of  every  fund  in  the  treasury.  He  shall  extend  all  taxes,  and 
shall  at  least  once  in  every  year  audit,  examine,  verify  and  prove 
the  accounts  and  all  documents  and  vouchers  pertaining  thereto 
in  all  departments  and  offices  of  the  city  where  books  of  account 
are  kept,  and  count  cash  on  hand,  and  make  reports  immediately 
after  such  examination  and  proof  to  the  City  Comptroller.  He 
shall,  for  such  purposes,  have  access  to  all  books  of  account  and 


45 


documents  and  vouchers  pertaining  to  accounts  in  all  departments 
and  offices  at  such  reasonable  times  as  may  be  necessary  to  his 
duties.  He  shall  perform  such  other  duties  as  may  be  prescribed 
by  ordinance  not  inconsistent  with  this  Article.  He  shall,  sub- 
ect  to  Civil  Service  laws,  rules  and  regulations  contained  in  or 
provided  for  by  this  charter,  appoint  a  deputy  and  such  assistants 
as  may  be  provided  by  ordinance. 

Sec.  24.  There  is  hereby  established  a  department  to  be 
known  as  the  Purchasing  Department,  which  shall  be  in  charge 
of  the  Purchasing  Agent.  Subject  to  the  Civil  Service  laws, 
rules  and  regulations  contained  in  or  provided  for  by  this  charter, 
he  may  appoint  such  assistants  as  may  be  allowed  by  ordinance. 

The  department  shall,  subject  to  such  rules  and  regulations 
as  may  be  prescribed  by  ordinance,  or  the  terms  of  this  charter, 
purchase  all  goods,  supplies;  machinery .  and  materials,  and  all 
things  whatsoever  required  by  the  city  or  any  department  thereof, 
except  such  purchases  as  may,  by  this  charter,  be  authorized  to 
be  made  by  others.  The  various  departments  of  the  city  shall, 
from  time  to  time,  make  requisition  upon  the  Purchasing  Agent 
for  such  supplies,  goods,  materials,  machinery  and  other  things 
as  they  may  need,  ad  shall  exhibit  to  the  Purchasing  Agent  the 
statement  of  the  Comptroller  that  the  necesary  funds  have  been 
appropriated  and  set  aside  to  pay  for  the  same..  It  shall  be  the 
duty  of  the  Purchasing  Agent,  promptly  and  expeditiously,  to 
purchase  all  the  supplies,  goods,  materials  and  machinery,  and 
other  things  required  by  the  various  departments,  and  so  far  as 
may  be  done  and  whenever  the  interests  of  the  city  will  be  thus 
promoted,  to  purchase  goods,  supplies  and  materials  at  wholesale 
or  in  bulk  and  pay  for  the  same  out  of  any  funds  appropriated 
to  this  department  for  that  purpose.  Whenever  any  goods,  sup¬ 
plies  or  materials  shall  be  required  by  any  department,  the  same 
may  be  supplied,  so  far  as  possible,  out  of  the  general  stores  of 
the  purchasing  department,  and  when  so  supplied  they  shall  be 
paid  for  by  the  department  using  them  in  every  respect  as  to 
form  and  method  of  procedure  as  though  the  same  had  been  pur¬ 
chased  specially,  except  that  the  warrant  in  payment  shall  be 
payable  to  the  credit  of  the  purchasing  department  and  shall  be 
deposited  in  the  treasury  and  credited  to  the  funds  of  the  pur¬ 
chasing  department  and  shall  be  considered  as  duly  appropriated 
to  the  uses  of  such  department.  The  Purchasing  Agent,  upon 
the  last  day  of  each  month,  shall  make  full  inventory  and  report 
of  all  goods,  supplies  and  materials  on  hand  and  all  funds  remain¬ 
ing  appropriated  and  unexpended  in  the  department,  and  shall 
deliver  one  copy  of  such  report  to  each  House  of  the  Comon 
Council  and  one  copy  to  the  Mayor;  and  the  Common  Council 
may,  from  time  to  time,  direct  that  any  portion  of  funds  appro- 


priated  to  the  purchasing  department  and  standing  to  its  credit, 
be  deducted  and  transferred  to  the  general  fund  of  the  city. 

Sec.  25.  Any  officer  elected  by  the  people  (not  intending 
here  to  include  members  of  the  Common  Council)  may  be  sus¬ 
pended  by  the  Mayor  and  removed  by  the  Lower  House  of  the 
Common  Council  for  cause.  Whenever  the  Mayor  shall  suspend 
any  elected  officer  he  shall  immediately  notify  the  Lower  House 
of  the  Common  Council  of  such  suspension  and  cause  therefor. 
If  the  same  be  not  in  session,  then  he  shall  immediately  call  a 
special  session  thereof  in  such  manner  as  is  provided  for  calling 
special  sessions  of  the  Common  Council.  The  Mayor  shall  pre¬ 
sent  charges  against  such  suspended  officer,  who  shall  have  the 
right  to  appear  with  a  legal  adviser  for  his  defense,  hear  all 

•  proof,  and  make  defense  thereto,  offering  proof  in  his  own 
behalf.  If  two-thirds  of  all  the  members-elect  of  such  House 
shall,  by  resolution,  sanction  the  action  of  the  Mayor,  then  the 
suspended  officer  shall  thereby  be  removed  from  office,  but  unless 
such  action  of  the  Mayor  is  sanctioned  by  such  two-thirds  vote, 
then  such  officer  shall  be  immediately  reinstated.  Any  officer, 
or  the  incumbent  of  any  Board  appointed  by  the  Mayor,  whether 
appointed  with  or  without  confirmation,  may  be  suspended  by  the 
Mayor.  The  Mayor  shall  immediately  notify  the  Upper  House 
of  the  Common  Council  of  any  such  suspension  and  unless  said 
Upper  House  shall,  not  later  than  the  second  session  thereafter, 
by  a  two-thirds  vote  of  the  members-elect  therof,  declare  that 
such  officer  ought  to  be  reinstated,  the  said  officer  shall  be  con¬ 
sidered  to  be  removed,  and  the  Mayor  shall  notify  him  o£  such 
removal.  But  such  officer  shall  be  reinstated  if  within  said  time 
the  Upper  House  of  the  Common  Council  shall,  by  a  two-thirds 
vote,  declare  that  he  ought  to  be  reinstated.  In  all  cases  of  sus¬ 
pension  in  any  such  office,  the  Mayor  may  temporarily  fill  the 
office  by  appointment  and  the  temporary  appointee  shall  hold  the 
office  until  the  reinstatement  of  the  suspended  officer  or  until  his 
final  removal.  In  all  cases  of  a  vacancy  in  any  such  office,  the 
Mayor  shall  at  once  appoint  a  proper  person  to  fill  such  vacancy, 
and  if  the  appointment  to  such  office  is  required  by  this  charter 

•  to  be  confirmed  by  the  Upper  House  of  the  Common  Council, 
the  Mayor  shall  report  the  name  of  such  person  to  the  Upper 
House  of  the  Common  Council  in  all  respects  as  when  the 
appointment  was  first  made.  Appointments  to  fill  vacancies  shall 
be  for  the  unexpired  term  only. 

If  any  officer  or  employe  of  the  city  shall,  knowingly,  be 
directly  or  indirectly  interested  in  any  contract  under  the  city,  or 
in  any  work  done  by  the  city,  or  in  furnishing  any  supplies  for 
the  city  or  any  of  its  institutions,  or  in  the  sale  of  any  property 
to  or  for  the  city,  he  shall  be  guilty  of  a  misdemeanor  and  be 


47 


punished  upon  conviction  by  a  fine  of  not  less  than  one  hundred 
nor  more  than  five  hundred  dollars.,  or  imprisonment  in  the 
county  jail  for  not  less  than  one  month  nor  more  than  one  year, 
or  both  such  fine  and  imprisonment. 

All  officers  of  the  corporation  shall  reside  within  the  city 
limits  during  their  continuance  in  office,  and  if  any  of  them  shall 
cease  to  reside  within  the  city  limits,  his  office  shall  be  thereby 
vacant.  No  officer  shall  hold  two  appontments  under  the  city 
government. 

Sec.  26.  All  Boards,  except  as  herein  otherwise  provided, 
shall  be  composed  of  three  members  appointed  by  the  Mayor  for 
the  terms  in  this  charter  provided,  and  the  appointees  shall,  in  all 
cases,  serve  until  their  successors  are  appointed  and  qualified. 
Not  more  than  two  voting  members  of  any  Board  shall  be  adher¬ 
ents  of  the  same  political  party.  All  members  of  Boards  shall 
be  resident  taxpayers  and  qualified  voters  of  the  city,  and  shall 
have  resided  within  the  territory  embraced  within  the  city  five 
years  next  before  their  appointment.  No  member  of  any  Board 
shall  hold  any  other  office  or  employment  under  the  United 
States,  the  State  of  Missouri,  or  any  municipal  corporation  or 
political  division  thereof.  If  any  member  of  any  Board  shall 
remove  from  the  city,  or  shall  accept  any  appointment  to  or 
nomination  for  or  become  a  candidate  for  any  political  office, 
he  shall  be  deemed  to  have  resigned  as  a  member  of  said  Board. 

Every  member  of  a  Board,  before  entering  upon  the  duties 
of  his  office,  shall  take  and  subscribe  before  the  City  Clerk  the 
oath  that  he  will  support  the  Constitution  of  the  United  States 
and  of  the  State  of  Misouri,  and  the  provisions  of  this  charter, 
and  faithfully  discharge  the  duties  of  his  office,  which  oath  shall 
be  endorsed  upon  or  attached  to  his  certificate  of  appointment 
and  filed  with  the  City  Clerk. 

Sec.  27.  It  shall  be  the  duty  of  each  Board  at  the  beginning 
of  the  fiscal  year  to  estimate  what  sums  of  money  may  be  neces¬ 
sary  for  the  current  fiscal  year  to  enable  such  Board  to  discharge 
/  the  duties  imposed  upon  it.  The  Board  shall  certify  the  same  to 
the  City  Comptroller,  and  the  Common  Council  is  hereby 
required,  in  the  first  apportionment  ordinace  of  the  fiscal  year,  to 
set  apart  and  apportion  for  each  of  such  departments  the  amount 
the  Common  Council  may  deem  necessary,  payable  out  of  the 
annual  revenue  of  the  city,  and  each  Board  shall  have  power, 
subject  to  the  provisions  of  this  Article,  by  requisition  upon  the 
Auditor  for  warrants,  signed  by  the  President,  countersigned  by 
its  Secretary,  to  expend  money  after  the  same  has  been  duly 
appropriated  to  the  expense  and  use  of  the  department. 


48 


Each  Board  shall,  with  the  concurrence  of  the  Common 
Council,  fix  a  general  schedule  of  the  number,  grade  and  com¬ 
pensation  of  all  agents  and  employes  in  the  department  under  its 
supervision  and  control.  Provided,  that  this  section  shall  not 
limit  the  power  of  the  Boards  and  heads  of  departments,  as  given 
elsewhere  in  this  charter,  to  employ  day  laborers  or  temporary 
employes  in  emergencies  without  previous  authority  by  ordinance. 

Sec.  26.  The  President  of  each  Board,  and  in  his  absence 
or  disability,  any  other  member  of  the  Board  appointed  president 
pro  tempore  by  resolution  of  the  Board,  is  authorized  to  sign, 
execute  and  acknowledge  in  the  name  of  the  Board  all  contracts 
and  documents  of  any  character,  required  or  authorized  by  this 
Article  and  by  resolution  of  the  Board  and  to  sign  requisitions 
upon  the  City  Auditor  for  funds  under  control  of,  and  to  be 
expended  by  the  Board.  All  requisitions  shall  be  countersigned 
by  the  Secretary,  and  in  his  absence  or  disability  by  some  member 
of  the  Board  other  than  .President  or  President  pro  tempore. 
Each  Board  shall  have  power  and'  it  shall  be  its  duty  to  make 
by-laws,  rules  and  regulations  for  the  orderly  transaction  and  con¬ 
duct  of  its  business,  and  to  make  and  enforce  contracts  in  the 
name  of  the  city  to  carry  out  the  purposes  expressed  in  this 
Article. 

Sec.  29.  Every  officer  of  the  city,  before  entering  upon 
the  duties  of  his  office,  shall  take  the  same  oath  provided  for 
members  of  the  Common  Council  by  Section  four  of  Article  II 
of  this  charter,  which  said  oath  shall  be  endorsed  upon  or 
attached  to  his  certificate  of  election  or  appointment,  and  he  shall 
deliver  the  same  to  the  City  Clerk.  The  City  Comptroller,  before 
entering  upon  the  duties  of  his  office,  shall  give  bond  to  the  city, 
conditioned  upon  the  faithful  performance  of  his  duties,  and  the 
faithful  handling  of  all  money  and  property  of  the  city  that  may 
come  into  his  hands,  in  the  sum  of  One  Hundred  and  Fifty 
Thousand  Dollars,  which  sum  may  be  increased  by  ordinance, 
with  good  and  sufficient  sureties  to  be  approved  by  the  Mayor  and 
Upper  House  of  the  Common  Council.  The  City  Treasurer, 
before  entering  upon  the  duties  of  his  office,  shall  give  bond  to 
the  city,  conditioned  upon  the  faithful  discharge  of  his  duties, 
and  the  safe-keeping  and  faithful  accounting  for  all  moneys  and 
property  of  the  city  that  may  come  into  his  hands,  in  the  sum  of 
not  less  than  One  Hundred  and  Fifty  Thousand  Dollars,  with 
good  and  sufficient  sureties,  to  be  approved  by  the  Mayor,  City 
Counselor,  and  City  Comptroller.  The  City  Purchasing  Agent, 
and  all  other  officers,  employes  and  agents  of  the  city  receiving, 
collecting  or  handling  money  of  the  city,  shall  similarly  give  bond 
in  such  sums  and  upon  such  conditions  as  may  be  required  by 


49 


ordinance.  And  the  Common  Council  may,  by  ordinance,  pre¬ 
scribe  and  fix  bonds  for  any  officers,  employes  or  agents  of  the 
city.  All  bonds  required  by  this  Charter  or  provided  for  by  ord¬ 
inance  shall  be  approved  as  to  form  by  the  City  Counselor,  and 
as  to  sureties  by  the  City  Comptroller,  except  the  Jbond  of  the 
City  Comptroller,  which  shall  be  approved  as  in  this  charter  pro¬ 
vided. 

For  any  breach  of  the  condition  of  any  bond  herein  provided 
for,  suit  may  be  instituted  theron  by  the  city  or  by  any  person  or 
persons  claiming  to  have  been  injured  by  reason  of  any  such 
breach,  in  the  name  of  the  city  and  to  the  use  of  such  person  or 
persons.  If  any  officer  fails  to  deliver  to  the  City  Clerk  his  cer¬ 
tificate  and  oath  of  affirmation,  as  herein  required,  within  twenty 
days  after  his  election  or  appointment,  the  office  to  which  he  may 
have  been  elected  or  appointed  shall  be  deemed  vacated.  The 
City  Clerk  shall  make  out  and  certify  copies  of  all  certificates  of 
election  and  appointment  and  deliver  the  same  to  the  Comptroller. 
The  Comptroller  shall  have  the  custody  of  all  bonds  given  for 
the  faithful  discharge  of  duties,  except  that  the  City  Clerk  shall 
keep  and  hold  the  bond  of  the  Comptroller.  Corporations  duly 
authorized  and  empowered  by  the  laws  of  the  State  of  Missouri 
to  sign  as  sureties  or  give  bohds  for  the  faithful  discharge  of 
duty  by  public  officers  and  others,  and  regularly  engaged  in  such 
business,  may  be  accepted  in  whole  or  in  part  as  sureties  upon 
bonds  required  by  this  charter  of  any  officer,  agent  or  employe 
or  depository  of  the  city  funds,  at  the  discretion  of  the  authority 
required  to  pass  on  the  sufficiency  of  such  bonds. 

The  city  shall  pay  any  premium  necessary  to  be  paid  for 
bonds  required  by  ordinance  to  be  given  by  any  member  of  any 
Board. 

It  shall  be  the  duty  of  the  City  Clerk  to  record  certificates  of 
election  or  appointment  with  the  oath  thereto  attached  or  thereon 
endorsed,  within  five  days  after  the  same  is  delivered  to  him. 
It  shall  be  the  duty  of  the  Mayor  to  sign  and  deliver  such  certifi¬ 
cate  at  the  time  of  appointing  any  officer. 

If  any  financial  officer  of  the  city  shall  buy  or  sell,  for  the 
purpose  of  speculation,  any  indebtedness  of  the  city,  or  deal 
therein  during  his  term  of  office,  he  shall  be  guilty  of  a  misde¬ 
meanor,  and  be  punished  upon  conviction  by  a  fine  of  not  less 
than  One  Hundred  Dollars  nor  more  than  Five  Hundred  Dol¬ 
lars,  or  imprisonment  in  the  county  jail  for  not  less  than  one 
month  nor  more  than  one  year,  or  by  both  such  fine  and  imprison¬ 
ment. 

The  sale,  .  encumbrance,  or  assignment  by  officers  and 
employes  of  the  city  of  the  salary,  wages  or  compensation  paid 
or  to  be  paid  them  by  the  city  is  prohibited,  and  shall  convey  no 


right  to  the  \end£e,  assignee,  or  mortgagee  thereof  wtwhp  a 
salary,  wages,  or  compensation  be  earned  or  unearned  SaK' 

may  be  increased  during  his  continuance  •  Purchasing  Agent 
without  term  '  t,nuance  >n  office,  as  he  serves 


ARTICLE  V. 


i  Revenue — Taxation. 

Section  1.  The  city  shall  have  power,  by  ordinance,  to 
levy  and  collect  a  general  tax  of  not  exceeding  one  per  centum 
for  each  fiscal  year  upon  all  property  in  the  city  not  by  general 
law  exempt  from  municipal  taxation.  And  the  city  may,  under 
the  authority  of  any  provision  of  the  constitution  or  general 
laws  of  this  State,  now  and  hereafter  existing,  exempt  any 
class  of  property  within  its  jurisdiction  from  taxation,  either 
wholly  or  by  reduction  of  the  rate  thereon;  provided ,  that  any 
taxation  or  exemption  from  taxation  shall  be  uniform  upon  the 
same  class  of  subjects  within  the  city. 

Sec.  2.  'For  the  purpose  of  erecting  public  buildings  the 
Common  Council  may  in  any  fiscal  year  increase  the  one  per 
cent  heretofore  authorized  in  section  one  of  this  article,  not  to 
exceed  two  and  one-half  mills  on  the  dollar.  But  such  increase 
shall  not  be  made  unless  an  ordinance  authorizing  such  increase 
and  defining  the  purpose  thereof  shall  have  first  been  submitted 
to  a  vote  of  the  people  by  a  proclamation  of  the  Mayor  at  a 
general  or  special  election,  and  two-thirds  of  the  qualified  voters 
of  the  city  voting  at  such  election  shall  vote  therefor.  No  such 
submission  shall  be  deemed  legal  and  effective  unless  there  shall 
have  been  published  for  fifteen  successive  days  immediately  pre¬ 
ceding  such  election,  in  at  least  two  daily  newspapers  published 
in  Kansas  City,  a  full  verbatim  copy  of  such  ordinance  and  such 
proclamation  of  the  Mayor. 

Sec.  3.  Every  person  owning  or  holding  property  subject 
to  taxation  for  municipal  purposes  on  the  first  day  of  January 
of  any  calendar  year,  including  all  property  purchased  on  that 
day,  shall  be  liable  for  taxes  thereon  for  the  fiscal  year  begin¬ 
ning  on  the  third  Monday  in  April  next  thereafter. 

Sec.  4.  The  Assessor  may,  subject  to  the  Civil  Service 
laws,  rules  and  regulations  contained  in  or  provided  for  by  this 
charter,  appoint  one  or  more  competent  deputies,  not  exceeding 
the  number  that  may  be  limited  by  ordinance,  who  shall  have 
and  exercise,  under  the  supervision  of  the  Assessor,  any  and  all 
of  the  powers  and  duties  of  the  Assessor,  and  he  may  remove 
such  deputies  at  his  pleasure. 


62 


Sec.  5.  The  Assessor  shall,  at  least  ten  days  before  the 
first  day  of  January  in  each  year,  give  public  notice  by  adver¬ 
tisement  in  some  daily  newspaper  published  in  the  city,  that  all 
persons  owning  or  having  in  their  possession,  or  under  their 
control,  whether  as  owner  or  agent  of  another,  on  the  first  day 
of  January  next  ensuing,  personal  property  subject  to  municipal 
taxation,  are  required  to  deliver  to  him,  at  his  office,  on  or  before 
the  fifteenth  day  of  February  next,  lists  of  all  such  property, 
classified  as  required  by  law,  with  the  true  value  thereof;  and 
that  every  merchant  doing  business  in  the  city  is  required  within 
the  same  time  to  furnish  to  him,  at  his  office,  a  true  statement 
verified  by  oath  or  affidavit  of  such  merchant  or  his  agent,  of 
the  highest  amount  in  value  of  all  goods,  wares  and  merchandise 
owned  or  kept?  on  hand  for  sale  by  such  merchant  during  the 
three  months  next  preceding  such  first  day  of  January. 

Sec.  6.  It  shall  be  the  duty  of  the  City  Assessor  on  or 
before  the  fifteenth  day  of  March  of  each  year  to  make  and 
return  to  the  City  Clerk  a  full  and  complete  assessment  of  all 
property,  real  and  personal,  in  the  said  city  on  the  first  day  of 
January  next  preceding,  and  not  exempt  from  municipal  taxa¬ 
tion,  excepting  the  goods,  wares  and  merchandise  kept  on  hand 
for  sale  by  merchants,  and  excepting  the  property  of  corpora¬ 
tions  whose  capital  stock  is  liable  to  taxation,  at  the  cash  value 
of  such  property;  also  a  list  of  all  merchants  doing  business  in 
the  city,  with  the  cash  value  of  the  highest  amount  of  goods, 
wares  and  merchandise  so  owned  or  kept  on  hand  for  sale  by 
each  during  the  three  months  next  before  the  first  day  of  Jan¬ 
uary  next  preceding;  also  a  list  of  all  corporations  whose  capital 
stock  is  liable  to  taxation,  with  the  cash  value  of  shares  of  stock 
of  each  of  said  corporations.  All  real  estate  assessed  shall  be 
returned  in  one  book,  and  all  other  lists  in  one  book  under  sep¬ 
arate  headings;  provided,  that  the  Assessor  may  make  each  of 
said  tax  books  in  as  many  volumes  as  may  be  necessary  for  con¬ 
venient  handling.  Such  books  shall  contain  appropriate  blank 
columns  for  the  extension  of  all  taxes  therein,  and  shall  be  cer¬ 
tified,  verified  and  returned  as  hereafter  provided. 

Sec.  7.  It  shall  be  the  duty  of  the  City  Asse§so£^^mk- 
tclegraph  and  other  property  owned  by  corporations  \jflHHthe 
ing  and  returning  assessments  provided  by  secnoi^WxoFthis 
article,  to  include  therein  all  railroad,  street  railroad,  telephone, 
limits  of  the  city,  which  is  not  assessable  by  the  State  Board  of 
Equalization.  He  shall  each  year  procure  copies  of  returns  made 
by  such  corporations  to  the  Clerk  of  the  County  Court  of  Jackson 
County,  Missouri,  in  pursuance  of  Article  VIII,  Chapter  149, 
Revised  Statutes  1399,  and  all  amendments  thereto,  and  copies 


53 


cl  the  certificates  of  the  County  Court  of  said  County  to  the 
State  Board  of  Equalization,  showing  the  valuation  and  assess¬ 
ment  made  by  said  Court  upon  property  to  be  assessed  and 
equalized  by  said  Board  of  Equalization.  He  shall  keep  said 
copies  in  the  files  of  his  office,  and  deliver  same  to  his  successor. 
He  shall,  each  year,  at  least  sixty  days  prior  to  the  date  fixed  for 
the  first  meeting  of  the  State  Board  of  Equalization,  make  a 
careful  comparison  of  said  certificate  of  the  County  Court,  with 
the  property  of  such  corporations  assessable  by  the  State  Board 
of  Equalization,  and  make  a  tabulated,  detail  report  of  all  errors, 
omissions  or  under  valuations  thereof  to  the  Mayor;  and  keep 
a  copy  of  said  report  in  the  files  of  his  office.  It  shall  be  the  duty 
of  the  City  Engineer,  City  Counselor,  and  all  other  city  officials, 
when  requested  by  the  Assessor  to  do  so,  to  aid  the  Assessor  in 
making  such  comparisons.  If  it  appears  by  said  report  that  the 
rights  of  the  city  have  been  substantially  affected  by  any  mis¬ 
takes,  omissions  or  undervaluations,  it  shall  be  the  duty  of  the 
Mayor,  City  Assessor  and  City  Counselor  to  appear  before  the 
State  Board  of  Equalization  and  make  a  showdng  of  such  errors. 
Copies  of  all  plats,  papers  and  arguments  filed  by  said  officials 
with  the  State  Board  of  Equalization  shall  be  kept  on  file  in  the 
office  of  the  City  Assessor,  and  delivered  to  his  successor.  Copies 
of  the  annual  proceedings  of  the  State  Board  of  Equalization 
shall  also  be  kept  in  good  order  in  the  files  of  the  City  Assessor, 
and  shall  be  delivered  to  his  successor.  It  shall  be  the  dutv  of  the 
City  Assessor  to  examine  the  findings  of  the  State  Board  of 
Equalization,  and,  if  he  ascertains  that  the  pity  has  not  been 
allowed  its  pro  rata  share  of  the  total  valuation,  he  shall  report 
same  to  the  Mayor,  and  it  shall  be  the  duly  of  the  Mayor  to 
cause  such  facts  to  be  presented  to  the  State  Board  of  Equaliza¬ 
tion  for  correction.  v 

Sec.  8.  It  shall  be  the  duty  of  every  person  owning  or  hav¬ 
ing  under  his  control  any  personal  property  subject  to  municipal 
taxation  for  any  fiscal  year,  to  deliver  to  the  City  Assessor,  at 
his  office,  On  or  before  the  fifteenth  day  of  February  next  pre¬ 
ceding  such  fiscal  year,  a  true  and  complete  list  thereof,  with  the 
actual  cash  value  of  such  property.  On  and  after  the  first  day  of 
January  the  Assessor  shall  attend  in  person  or  by  deputy  at  his 
office,  on  every  week  day  up  to  and  including  the  fifteenth  da^y 
of  February  following,  from  the  hour  of  eight  o'clock  in  the 
forenoon  until  six  o’clock  .in  the  afternoon,  for  the  purpose  of 
receiving  the  lists  of  property  and  statements  of  merchants  and 
others  by  this  charter  required  to  be  delivered  to  him,  and  shall 
at  all  times  keep  on  hand  and  furnish  to  persons  lawfully  requir¬ 
ing  the  same,  all  necessary  blanks  and  forms  for  lists  and  state¬ 
ments  required  by  this  charter. 


54 


Sec.  9.  The  Assessor  and  his  deputies  shall  be  authorized 
to  administer  oaths  and  affirmations,  and  may  examine  on  oath 
any  person  touching  the  personal  property  for  which  he  is  liable 
to  be  assessed,  or  the  value  thereof,  or  the  amount  of  goods, 
wares  and  merchandise  owned  or  kept  by  him  as  a  merchant; 
and  may,  by  a  notice  delivered  to  any  person  or  left  at  his  resi¬ 
dence,  office  or  place  of  business,  require  such  person  within  five 
days  to  deliver  to  him  at  the  Assessor’s  office  any  list  or  state¬ 
ment  necessary  for  the  purpose  of  making  the  assessment,  and  to 
verify  the  same  by  affidavit;  and  any  person  failing  or  refusing 
to  verify  such  list,  when  thereto  requested  by  the  Assessor,  or 
to  be  examined,  or  answer  on  oath,  regarding  his  property  and 
merchandise,  when  thereto  requested  by  the  Assesspr,  or  to  deliver 
and  verify  such  list  and  statement  when  notified'  by  the  Assessor 
so  to  do,  shall  forfeit  to  the  city  the  sum  of  one  hundred  dollars, 
to  be  recovered  in  an  action  therefor  in  the  name  of  the  city,  to 
be  instituted  under  the  direction  of  the  Comptroller  before  the 
Municipal  Court  or  any  court  of  competent  jurisdiction,  and  the 
Assessor  shall  assess  such  person  according  to  the  best  informa¬ 
tion  he  can  get. 

Sec.  10.  The  property  of  all  corporations  and  companies 
within  the  city,  except  incorporated  banks  and  such  other  cor¬ 
porations  as  are  excepted  by  State  law,  shall  be  assessed  and 
taxed  as  the  property  of  individuals  is  assessed  and  taxed.  All 
shares  of  stock  in  foreign  corporations,  or  in  corporations  whose 
property  is  liable  to  municipal  taxation,  but  the  assessment  of 
which  is  not  otherwise  provided  for,  shall  be  assessed  to  the 
holder  of  such  shares.  The  stock  of  incorporated  banks  and 
other  corporations  taxable  in  the  same  manner  as  incorporated 
banks,  whether  organized  under  the  laws  of  this  State  or  of  the 
United  States,  shall  be  assessed  and  taxed  in  the  following  man¬ 
ner:  The  president  or  other  chief  officer  of  any  such  bank  or 
other  corporation  shall  each  year,  within  the  time  prescribed  by 
law  for  listing  personal  property,  under  oath,  deliver  to  the 
Assessor  a  list  of  all  shares  of  stock  held  therein,  and  the  names 
of  the  persons  holding  the  same  on  the  first  day  of  January  of 
each  year,  together  with  a  list  of  all  real  estate  belonging  to  such 
corporation  and  lying  within  the  limits  of  the  city  (which  said 
real  estate  shall  be  omitted  by  the  Assessor  from  his  assessment 
of  taxable  real  estate),  and  shall  also  state  the  actual  cash  value 
of  such  stock;  and  such  stock  shall  be  taxed  at  its  actual  cash 
value  to  the  owners  thereof  as  other  personal  property  is  taxed, 
in  one  list  by  itself  on  the  personal  property  tax  book  of  the 
Assessor,  in  a  column  headed  by  the  name  of  the  corporation 
whose  stock  is  thus  assessed  and  taxed.  The  taxes  assessed  on 
shares  of  stock  embraced  in  such  list  shall  be  paid  by  the  corpor- 


56 


ations  respectively  as  agents  or  shareholders,  and  shall  be  a  lien 
upon  such  shares  .from  the  first  day  of  January  before  the  fiscal 
year  for  which  the  same  are  assessed,  and  these  corporations 
may  respectively  recover  from  the  owners  of  such  shares  the 
amount  so  paid,  or  deduct  the  same  from  the  dividends  accruing 
on  such  shares;  and  the  amount  so  paid  shall  be  a  lien  on  such 
shares  respectively  from  the  date  aforesaid,  and  shall  be  paid 
before  a  transfer  thereof  shall  be  made.  If  any  president  or 
other  chief  officer  of  any  such  corporation  fail  to  comply  with 
the  provisions  of  this  section,  he  shall  forfeit  to  the  city  the  sum 
of  one  thousand  dollars,  to  be  recovered  by  the  city  as  plaintiff 
in  any  court  of  competent  jurisdiction,  and  the  Assessor  shall 
proceed  to  assess  the  stock  of  such  corporation  as  nearly  correct 
as  he  may  be  able  to  do. 

Sec.  11.  The  Assessor  shall  return  on  his  assessment  book 
of  real  property,  in  tabular  form,  each  parcel  of  real  estate  sub¬ 
ject  to  taxation,  with  the  description  and  value  thereof,  in  numer¬ 
ical  order  as  to  the  lots  and  blocks  or  sections,  or  subdivisions 
thereof,  and  in  a  separate  column  the  value  attached  by  the 
Assessor  to  each  parcel  or  description;  but  shall  not  be  required 
to  give  the  name  of  the  owner  of  any  land  except  as  hereinafter 
specified.  When  any  property  is  not  laid  off  in  lots  or  blocks,  the 
Assessor  shall  describe  the  same  by  any  pertinent  description, 
and  for  the  purpose  of  such  description  he  may  require  the  owner 
thereof  to.  furnish  such  description.  It  shall  be  the  duty  of  all 
owners  of  property  not  so  laid  off  in  lots  or  blocks  to  furnish  to 
the  Assessor  a  sufficient  description  thereof,  and  in  case  of  the 
failure  of  any  such  owner  to  furnish  such  description  at  least 
fifteen  days  before  the  time  fixed  for  the  return  of  the  assess¬ 
ment,  the  Assessor  may  require  the  City  Engineer  to  make  and 
return  to  him  a  survey  of  such  property,  and  the  expenses  of 
such  survey  shall  be  returned  by  the  Assessor,  together  with  his 
assessment  of  the  property,  and  shall  be  added  to  the  tax  to  be 
levied  upon  the  property  and  collected  as  a  part  thereof.  The 
owner  of  any  undivided  interest  in  any  parcel  of  land  may  fur¬ 
nish  to  the  Assessor  at  any  time  before  his  assessment  is  returned 
a  description  of  such  parcel,  with  the  amount  of  his  interest 
therein,  and  the  Assessor  shall  then  assess  such  undivided  inter- 
est  with  the  name  of  the  owner  thereof  as  a  separate  parcel ;  but 
unless  such  description  and  statement  are  so  furnished,  the 
Assessor  shall  not  be  required  to  make  such  separate  assessment. 
The  Assessor  shall  number  each  parcel  of  land  assessed  in  the 
order  of  the  same  upon  the  assessment  book.  If  the  Assessor 
shall  discover  that  any  real  or  personal  property  subject  to  tax¬ 
ation  for  any  previous  year  was  not  assessed,  or  for  any  c^use 
has  escaped  taxation  for  such  year,  it  shall  be  the  duty  of  the 


56 


Assessor,  in  addition  to  the  assessment  for  the  then  ensuing  year, 
to  assess  such  property  for  the  year  or  years  in  which  the  same 
was  untaxed. 

Sec.  12.  Upon  the  completion  of  his  assessment,  the 
Assessor  ’  shall  endorse  upon  each  of  his  assessment  books  his 
certificate  that  he  has  made  diligent  efforts  to  ascertain  all  tax¬ 
able  property  of  the  class  or  kind  assessed  in  such  book,  for  the 
fiscal  year,  being  or  situate  in  the  city,  and  that  so  far  as  he  has 
been  able  to  ascertain,  the  same  is  correctly  set  forth  in  the 
book,  which  certificate  shall  be  verified  by  his  affidavit,  and  then 
return  the  assessment  to  the  Common  Council  by  delivering  the 
same  to  the  City  Clerk  at  his  office. 

Sec.  13.  The  Mayor,  the  Comptroller,  the  Assessor,  the 
President  of  the  Upper  House  and  the  Speaker  of  the  Lower 
House  of  the  Common  Council  shall  constitute  a  Board  of  Ap¬ 
peals  for  the  hearing  of  appeals  and  complaints  of  any  party 
aggrieved  by  the  assessment  as  made  by  the  Assessor.  Said 
board  shall  hold  two  sessions  in  each  year,  and  a  majority  of  the 
members  shall  constitute  a  quorum  for  the  transaction  of  busi¬ 
ness.  The  first  session  shall  be  held  for  six  consecutive  days, 
beginning  on  the  third  Monday  of  March  in  each  year,  and  the 
second  session  shall  be  held  for  six  successive  days,  beginning 
on  the  first  Monday  in  April  of  each  year. 

4 

Sec.  14.  The  City  Clerk  shall  cause  to  be  published,  in 
at  least  one  newspaper  published  in  said  city,  and  for  at  least 
five  days  before  the  day  fixed  by  law  for  the  first  sitting  of  the 
Board  of  Appeals,  a  notice  to  all  taxpayers  of  the  city  that  the 
Board  of  Appeals  will  hold  its  annual  session  on  the  days  pre¬ 
scribed  by  law,  and  stating  the  dates  and  the  place  where  such 
board  will  hold  its  sessions,  and  that  in  the  meantime  the  assess¬ 
ment  for  the  ensuing  fiscal  year  will  be  open  to  the  inspection 
of  the  public,  at  the  office  of  the  City  Clerk. 

Sec.  15.  The  City  Clerk  shall  deliver  the  assessment  to 
the  Board  of  Appeals  orf  the  first  day  of  the  first  session  of  said 
board,  and  shall  act  as  clerk  of  said  board.  Any  person  aggrieved 
by  any  error  in  the  assessment  may  make  his  complaint  or  appeal 
orally  or  in  writing  on  account  of  such  error.  If  the  board  shall 
find  any  error  in  the  assessment,  they  shall  order  the  same  to  be 
changed  and  corrected,  and  for  the  purpose  of  making  the  same 
fair  and  just  may  increase  or  diminish  the  valuation  of  any 
property  so  as  to  make  the  same  correspond  with  the  valuation 
of  other  property  of  like  character,  and  may  permit  the  Assessor 


i 


67 


to  add  to  his  assessment  taxable  property  omitted  from  the  orig¬ 
inal  assessment ;  but  the  said  board  shall  have  no  power  to  change 
the  rate  or  standard  of  valuation  adopted  by  the  Assessor.  When¬ 
ever  tl\e  Board  of  Appeals,  during  the  first  session,  shall  raise 
the  assessment  of  any  person  or  add  any  omitted  property,  notice 
shall  be  given  by  publication,  for  three  successive  days  next  fol¬ 
lowing  the  adjournment  of  the  first  session  of  said  board,  in  the 
paper  doing  the  city  printing,  of  the  names  of  all  such  person* 
and  the  facts  of  such  raise  or  addition,  and  said  board  shall  at 
the  second  session  hear  and  act  upon  complaints  against  such 
corrections.  Any  person  aggrieved  by  any  such  error  in  the 
assessment,  addition  of  other  property,  or  raised  assessment,  may 
make  his  complaint  or  appeal  orally  or  in  writing.  The  board 
shall  hear  and  determine  summarily  all  appeals  and  complaints 
herein  provided,  and  may  examine  the  person  appealing,  and  any 
other  person,  on  oath,  touching  the  matter  complained  of,  and 
may  compel  the  attendance  of  witnesses  and  the  production  c-f 
books  and  papers.  The  Assessor  shall  constantly  attend  upon 
the  sessions  of  the  board,  and  make  such  corrections  on  the 
assessment  as  may  be  ordered  by  the  board.  Such  corrections 
on  the  assessment  shall  not  be  made  by  any  erasure  or  any  inter¬ 
lineation,  but  by  a  separate  memorandum  thereof  in  brief  form, 
to  be  entered  on  the  assessment  by  the  Assessor. 

Sec.  16.  At  the  first  meeting  of  the  Common  Council  for 
each  fiscal  year,  the  City  Clerk  shall  present  to  the  lower  house 
of  the  Common  Council  the  assessment  and  an  abstract  of  the 
gro^s  amount  of  the  valuation  of  real  estate,  personal  property, 
goods,  wares  and  merchandise  of  merchants,  and  shares  of  stock 
of  corporations  required  to  be  assessed,  and  the  Common  Coun¬ 
cil  shall  thereupon  proceed  by  ordinance  to  levy  and  cause  to 
be  collected  the  taxes  for  the  fiscal  year  according  to  law  for  the 
general  revenue,  and  for  such  an  amount  as  may  be  certified  to 
them  by  the  Comptroller  to  be  raised  by  taxation  for  the  pay¬ 
ment  of  bonds  and  coupons  maturing  during  the  fiscal  year. 

Sec.  17.  On  the  day  next  after  the  passage  and  approval 
of  an  ordinance  levying  the  taxes  of  any  fiscal  year,  the  City 
Clerk  shall  deliver  to  the  City  Auditor  the  assessment  for  such 
year,  and  also  a  certified  copy  of  such  ordinance  levying  the  taxes 
for  that  year.  .The  Auditor  shall  forthwith  proceed  to  extend 
the  taxes  for  the  year  upon  the  assessment  books,  in  appropriate 
columns  therein  to  be  left  for  that  purpose,  and  shall  also  enter 
opposite  each  parcel  of  real  estate  in  a  column  for  that  purpose 
any  delinquent  tax  upon  such  parcel  required  by  law  to  be  so 
entered,  and  shall  also  extend  upon  said  book,  against  any  par- 


58 


cel  returned  by  the  Assessor  as  untaxed  for  any  year  or  years, 
the  amount  of  tax  for  such  year  or  years  for  which  the  same 
was  untaxed,  according  to  the  rate  of  taxation  as  prescribed  by 
ordinance  for  such  year.  All  taxes  due  and  unpaid  for  any 
previous  fiscal  year  shall  be  entered  in  proper  columns  headed 
“Delinquent  Taxes,”  opposite  the  description  of  each  lot  or  tract 
of  land,  stating  in  figures  the  gross  amount  of  such  taxes  and 
the  fiscal  year  for  which  levied.  In  extending  the  taxes  upon 
personal  property  it  shall  only  be  necessary  for  the  Auditor  to 
extend  the  same  upon  the  gross  amount  assessed  against  each 
person.  After  so  extending  such  taxes  and  entering  the  delin- 
qunt  taxes  required  to  be  entered,  the  Auditor  shall  foot  up  the 
gross  amount  of  all  taxes  as  shown  by  the  books  upon  real  estate, 
the  amount  of  all  taxes  upon  personal  property,  taxes  upon 
shares  of  stock  of  corporations,  and  merchants’  license  taxes, 
for  the  fiscal  year;  and  also  the  gross  amount  of  said  several 
kinds  of  taxes  as  shown  by  the  books,  and  also  of  all  taxes  for 
previous  years  for  which  property  was  untaxed,  and  finally  shall 
foot  up  the  gross  amounts  of  all  taxes  of  whatever  nature  for 
the  fiscal  year  and  prior  years,  and  delinquent  taxes,  and  shall 
enter  such  footings  in  said  books  in  their  appropriate  places,  and 
shall  also  make  an  abstract  tnereof  at  the  end  of  the  personal 
tax  book.  He  shall  then  append  to  said  books  his  certificate  to 
the  effect  that  the  taxes  therein  contained  are  truly  and  correctly 
extended  and  entered  according  to  the  assessment  of  the  prop¬ 
erty,  the  ordinance  levying  the  taxes  for  the  fiscal  year,  and  all 
laws  and  ordinances  regulating  such  entries.  The  book  contain-) 
ing  the  assessment  upon  real  estate  when  so  extended  and  certi¬ 
fied  shall  be  entitled  and  called  “Land  Book  of . ,*| 

and  the  book  containing  the  assessment  of  taxes  upon  personal 
property,  merchants’  license,  and  incorporated  companies,  shall 

be  entitled  and  called  “Personal  Tax  Book  of . 

The  Auditor  shall  also  make  out  license  for  each  merchant  taxed 
as  such  for  the  fiscal  year,  in  such  form  as  may  be  prescribed  by 
ordinance.  The  Auditor  shall,  on  or  before  the  first  day  of  June 
in  each  year,  deliver  the  tax  books  and  merchants’  licenses  for 
each  year  to  the  City  Treasurer,  taking  therefor  his  receipt  in 
duplicate,  which  receipt  shall  state  the  gross  amount  of  all  such 
taxes  contained  in  said  book,  and  also  the  amount  of  each  sep¬ 
arate  class  of  taxes,  as  shown  by  the  footings  of  the  Auditor  of 
the  same,  one  of  which  receipts  the  Auditor  shall  keep  in  his 
office,  and  the  other  he  shall  deliver  to  the  Comptroller. 

Sec.  18.  The  tax  to  be  levied  upon  the  merchants  shall  be 
levied  at  the  same  time  and  at  the  same  rate  as  that  levied  upon 
real  estate  for  the  same  fiscal  year,  and  shall  be  collected  by  way 
of  a  license  tax,  and  shall  be  assessed,  levied  and  collected  in  the 


7 


59 

manner  now  or  hereafter  to  be  prescribed  by  ordinance  not  incon¬ 
sistent  with  this  charter,  and  the  Common  Council  shall  ha^e 
power  to  pass  such  other  ordinances  fQr  the  assessing-,  levying 
and  collecting  and  enforcing  the  payment  of  such  license  tax,  not 
inconsistent  with  this  charter,  as  they  may  deem  necessary. 

Sec.  19.  No  demand  of  taxes  shall  be  necessary,  but  it  is 
the  duty  of  every  person  subject  to  taxation  to  attend  at  the 
j|  office  of  the  City  Treasurer,  unless  otherwise  provided  by  ordi¬ 
nance,  at  some  time  between  the  first  day  of  June  and  the  first 
I  day  of  October  in  each  year,  and  pay  his  taxes;  and  if  anyone 
neglects  to  pay  them  before  the  first  day  of  October  following 
the  levy  of  the  tax,  the  same  shall  be  delinquent  and  shall  there¬ 
after  bear  a  penalty  of  one  per  cent  per  month;  and  in  comput¬ 
ing  said  additional  tax  or  penalty,  a  fractional  part  of  a  month 
shall  be  counted  as  a  whole  month.  Taxes  upon  real  property 
are  hereby  declared  a  perpetual  lien  thereon  against  all  persons. 
The  Treasurer  shall  continue  to  receive  taxes  after  they  nav& 
become  delinquent  and  until  sale. 

Sec.  20.  Any  person  may  pay  the  taxes  for  any  fiscal  year 
upon  part  of  any  lot  or  tract  of  land,  or  upon  any  undivided 
interest  therein,  but  not  for  part  of  a  fiscal  year.  Before  the 
Cit}  Treasurer  shall  receive  the  taxes  on  a  fractional  or  undi¬ 
vided  interest  in  a  tract,  the  person  so  offering  to  pav  shall  obtain 
from  the  Assessor  a  certificate  of  the  apportionment  of  the  assess¬ 
ment  between  the  fractional  undivided  interests.  The  City  Treas¬ 
urer  shall  briefly  note  the  apportionment  on  the  tax  book  and 

apportion  the  total  tax  in  like  manner  and  shall  file  the  certifi¬ 
cate  in  his  office. 

% 

Sec.  21.  Any  person  paying  taxes  for  any  fiscal  year  in 
the  year  for  which  such  taxes  are  levied  shall  be  entitled  to 
receive,  and  it  is  hereby  made  the  duty  of  the  City  Treasurer  to 
allow  such  person,  a  rebate  on  such  taxes  so  paid,  as  follows : 
On  all  taxes  paid  in  the  month  of  June;  a  rebate  of  six  (6)  per 
cent,  and  on  all  such  taxes  paid  in  the  month  of  July  a  rebate 
of  four  (4)  per  cent;  and  on  all  such  taxes  paid  in  the  month 
of  August  a  rebate  of  two  (2)  per  cent;  but  no  .rebate  shall  be 
fallowed  on  any  such  taxes  paid  after  the  month  of  August.  The 
City  Treasurer  shall  not  allow  any  person  under  any  circum¬ 
stances  whatever  the  benefit  of  the  rebate  allowed  for  payment 
in  any  month  after  the  last  day  of  said  month. 

;t  Sec-  22-  When  any  person  shall  pay  any  tax  on  real  estate 
Pr  personal  property,  it  shall  be  the  duty  of  the  City  Treasurer 


I 


60 

to  sign  duplicate  receipts  therefor,  giving  separate  receipts  for 
real  estate  taxes  and  personal  property  taxes.  It  shall  be  suffi¬ 
cient  for  the  personal  property  receipt  and  the  duplicate  real 
estate  receipts  to  state  the  name  of  the  person  for  whom  paid, 
date  of  payment,  the  total  amount  of  the  assessment,  the  total 
amount  of  the  tax,  amount  of  rebate,  amount  of  penalty  or  inter¬ 
est  and  costs,  if  any,  and  the  year  paid  for.  The  duplicate  real 
estate  receipt  shall  also  stare  the  tract  number  of  all  tracts  of  land 
included  in  this  receipt.  The  original  real  estate  or  land  tax 
receipt  shall  in  addition  set  forth  the  assessed  valuation  and  tax 
on  each  tract  or  parcel  of  real  property  paid  for,  and  shall  also 
show,  under  the  heading  of  “Delinquent  Taxes  Unpaid/’  all 
taxes  against  the  tract  of  land  described  therein  remaining  due 
and  unpaid,  as  shown  by  the  land  tax  book  in  the  City  Treas¬ 
urer’s  office,  giving  simply  the  amount  thereof  and  what  year. 
If  there  are  no  taxes  delinquent  that  fact  should  be  noted  by  the 
Treasurer  on  said  original  receipt.  The^  City  Treasurer  shall 
also  note  on  the  original  land  tax  receipt  whether  or  not  there 
are  unpaid  special  and  park  taxes  on  record  in  his  office  against 
the  property  described  in  said  receipt.  The  City  Treasurer  shall 
immediately  deliver  all  such  receipts  to  the  City  Auditor,  yvhose 
duty  it  shall  be  to  countersign  and  deliver  the  orginal  receipt  to 
the  payor  and  retain  the  duplicate,  from  which  he  shall  from  day 
to  day  make  a  permanent  record  and  account,  showing  all  the 
facts  required  to  be  stated  in  such  duplicate  receipt  as  aforesaid, 
so  that  such  record  shall  show  the  amount  collected  by  the  City 
Treasurer  each  day,  and  the  penalty  or  interest  and  costs,  if  any, 
on  the  same.  The  City  Treasurer,  upon  receiving  any  tax,  before 
delivering  the  receipt  to  the  payor,  shall  mark  the  same  paid  and 
the  date  of  payment  in  the  proper  tax  book.  If  the  City  Treas¬ 
urer  shall  hold  over  any  tax  receipt  from  one  month  to  another 
or  date  back  any  tax  receipt  into  the  previous  month  or  do  any 
other  act  for  the  purpose  of  permitting  any  person  to  obtain  any 
rebate  or  evade  the  payment  of  any  penalty  or  interest  or  costs 
herein  provided,  he  shall  be  deemed  guilty  of  a  misdemeanoi, 
and  shall  be  punished  by  a  fine  of  not  less  than  One  Hundred 
Dollars  nor  more  than  Five  Hundred  Dollars.  If  the  City  Treas¬ 
urer  or  City  Auditor  shall  fail  or  neglect  to  perform  any  of  his 
duties  as  prescribed  in  this  section,  he  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine 
of  not  less  than  One  Hundred  Dollars  or  by  imprisonment  in 
the  county  jail  not  exceeding  one  year,  or  by  both  such  fine  and 
imprisonment. 

Sec.  23.  If  any  one  against  whom  a  personal  tax  is 
assessed  and  which  is  due  and  unpaid,  whether  the  same  be  delin¬ 
quent  or  not,  shall  have  removed  out  of  the  city  or  shall  be  about 


/ 


61 

to  remove  out  of  the  city,  or  shall  have  removed  or  be  about  to 
remove  his  personal  property  out  of  the  city,  it  shall  be  the  duty 
of  the  City  Treasurer  to  at  once  proceed  to  collect  such  personal 
tax  by  distress  and  sale  of  any  personal  property  of  such  person 
that  shall  be  found  in  Kansas  City,  and  the  personal  tax  book 
shall  alone  be  sufficient  warrant  for  such  distress.  The  City 
Treasurer  may,  in  his  discretion,  in  any  other  case  exercise  the 
same  power.  When  the  City  Treasurer  distrains  goods  he  shall 
keep  them  at  the  expense  of  the  owner,  and  shall  give  notice  of 
the  time  and  place  of  the  sale  of  the  same  within  five  days  after 
the  taking,  in  the  manner  constables  are  required  to  give  notice 
of  the  sale  of  personal  property  taken  under  execution,  and  the 
time  of  sale  shall  not  be  more  than  twenty  days  from  the  day  of 
taking.  He  shall  enter  upon  the  personal  tax  book  a  brief  descrip-  , 
tion  of  the  property7  taken  and  the  amount  for  which  the  same 
was  sold.  The  City  Treasurer  shall  on  demand  render  an  account 
in  wTriting  of  the  sale  and  charges  to  the  owner,  and  pay  any 
surplus  in  his  hands  to  such  owner. 

Sec.  24.  If  any  tax,  interest  or  costs  shall  remain  unpaid 
on  the  first  day  of  October  on  any  share  or  shares  of  stock  of 
any  corporation,  the  shares  of  which  are  taxable  under  this  char¬ 
ter  or  any  ordinance  of  Kansas  City,  it  shall  be  the  duty  of  the 
City  Treasurer  to  sell  such  share  or  shares  to  the  highest  bidder 
at  public  vendue,  at  his  office  in  said  city,  at  the  same  time  and 
place  and  under  the  same  notice  as  real  estate  is  required  to  be 
sold,  describing  in  such  notice  the  share  or  shares  to  be  sold, 
substantially  the  same  as  they  are  described  in  the  personal  tax 
book,  with  the  name  of  the  person  or  persons  in  whose  name  or 
names  such  share  or  shares  are  assessed.  It  shall  be  the  duty 
of  such  Treasurer  to  give  the  purchaser  of  any  such  share  or 
shares  a  certificate  stating  the  fact  that  the  person  therein  named 
purchased  the  share  or  shares  therein  described,  describing  them 
substantially  in  such  certificate  as  they  are  described  in  the  per¬ 
sonal  tax  book.  Any  person  or  persons  purchasing  any  share  or 
shares  of  stock  in  any  such  corporation  at  such  sale  shall  be 
entitled  to  have  such  share  or  shares  so  purchased  entered  upon 
the  books  of  such  corporation  as  the  share  or  shares  of  such  pur¬ 
chaser,  and  he  shall  be  deemed  in  law  and  equity  as  the  absolute 
owner  of  such  share  or  shares.  Nothing  in  this  section  shall  be 
so  construed  as  to  prevent  an  action  in  the  name  of  the  city, 
before  any  court  of  competent  jurisdiction,  against  such  corpor¬ 
ation,  or  any  of  the  stockholders,  to  recover  any  tax,  interest  and 
costs  remaining  unpaid  on  any  share  or  shares  of  stock  of  such 
corporation,  on  or  after  October  first. 

Sec.  25.  It  shall  be  the  duty  of  the  City  Treasurer,  >n  the 


f 


62 

first  Monday  in  December  in  each  year,  to  deliver  to  the  Comp- 
troller  a  complete  itemized  statement  of  all  taxes  on  personal 
property  remaining  unpaid  for  that  fiscal  year,  which  statement 
may  be  in  alphabetical  or  other  convenient  order,  and  verified 

by  the  following  affidavit:  “I . f 

City  Treasurer  of  Kansas  City,  do  solemnly  swear  (or  affirm) 
that  the  foregoing  is  a  true  and  correct  statement  of  all  delii> 
quent  taxes  on  personal  property  remaining  due  and  unpaid  for 

the  fiscal  year . ”  The  personal  tax  books  shall  be 

returned  to  the  Comptroller  with  such  statement,  and  if  found  to 
be  correct  the  Comptroller  shall  give  the  Treasurer  credit  for 
the  total  amount  delinquent.  On  the  first  Monday  in  January 
each  year  the  Comptroller  shall  turn  over  the  personal  tax  books 
to  the.  City  Counselor  and  instruct  the  City  Counselor  to  cause 
the  said  tax  to  be  collected  by  an  action  or  attachment  thereon, 
or  other  process  of  law,  in  the  name  of  Kansas  City,  in  an> 
court  of  competent  jurisdiction.  The  City  Counselor  may  ap¬ 
point  an  assistant  to  collect  such  tax,  who  shall  receive  ten  per 
cent  of  all  sums  collected  on  such  delinquent  personal  taxes,  which 
shall  be  taxed  up  as  costs  in  the  case  and  collected  as  other  costs, 
except  that  in  no  event  shall  the  city  be  liable  for  the  same. 

Sec.  26.  The  City  Treasurer  is  hereby  authorized  and 
directed  to  collect  the  delinquent  taxes  by  the  sale  of  the  real 
property  upon  which  the  taxes  are  levied.  Such  sale  shall  be 
begun  and  publicly  held  at  the  office  of  the  City  Treasurer  in 
Kansas  City  on  the  first  Monday  in  November  in  each  year,  be¬ 
ginning  at  the  hour  of  ten  o’clock  in  the  forenoon  and  continu¬ 
ing  until  five  o  clock  in  the  afternoon,  and  continuing  on  each 
successi\  e  secular  day,  between  the  same  hours,  as  long  as  there 
are  bidders  or  until  all  of  the  tracts  have  been  offered  for  sale. 


Sec.  27.  Notice  shall  be  given  for  the  sale  of  real  prop¬ 
erty  for  delinquent  taxes,  which  shall  state  the  time  and  place 
thereof,  and  contain  a  description,  substantially  the  same  as  in 
the  land  tax  book,  of  the  several  parcels  of  real  property  to  be 
sold,  and  all  delinquent  taxes  thereon,  and  such  real  property  as 
has  not  been  advertised  and  sold  for  the  taxes  of  any  previous 
year  or  years,  and  on  which  taxes  remain  due  and  delinquent,  and 
the  amount  of  the  taxes,  penalty  and  costs,  against  each  parcel 
of  real  property.  The  City  Treasurer  shall  cause  such  notice  to 
be  published  once  in  the  daily  edition  of  some  newspaper  of-  gen¬ 
eral  circulation  published  in  Kansas  City,  at  least  ten  days  before 
the  day  of  sale.  The  newspaper  to  which  the  contract  for  mak¬ 
ing  such  publication  as  may  be  awarded  shall,  for  the  period  of 
ten  days  immediately  following  such  publication,  and  without 


9S 


extra  charge,  cause  a  notice  to  be  inserted  in  large  type,  at  the 
head  of  one  of  the  columns  upon  its  local  page,  stating  the  day 
and  date  upon  which  said  publication  was  made;  and  said  news¬ 
paper  shall  likewise,  without  extra  charge,  furnish  to  the  City 
Treasurer  one  thousand  copies  of  the  edition  containing  such 
original  notice  of  sale  of  real  property  for  delinquent  taxes.  The 
City  Treasurer  shall  charge  and  collect,  in  addition  to  the  taxes 
and  penalty  on  each  tract  of  real  property  advertised  for  sale,  a 
sum  representing  the  proportional  cost  of  publishing  such  notice 
of  the  sale  of  said  tract.  The  City  Treasurer  shall  obtain  a  copy 
of  said  advertisement,  together  with  a  certificate  of  the  due  publi¬ 
cation  thereof,  from  the  printer,  publisher  or  business  manager 
of  the  newspaper  in  which  the  same  shall  have  been  published, 
and  shall  file  the  same  in  the  office  of  the  City  Auditor,  and  such 
certificate  shall  be  substantially  in  the  form  that  may  be  pre¬ 
scribed  by  ordinance  of  Kansas  City  or  by  the  Comptroller. 

?  • 

Sec.  28.  At  such  sale  the  City  Treasurer  shall  offer  sep¬ 
arately  for  sale  each  tract  or  parcel  of  real  property  advertised 
for  sale  on  which  the  taxes,  penalty  and  costs  have  not  been  paid, 

.  and  no  bid  shall  be  accepted  for  less  than  the  total  amount  of 
taxes,  penalties  and  costs  then  remaining  due  and  unpaid  on  said 
property.  The  person  who  offers  to  pay  the  amount  of  the  taxes, 
penalty  and  costs  due  on  any  tract  or  parcel  of  real  property  for 
the  lowest  rate  of  interest  thereon  per  annum  shall  be  the'  pur¬ 
chaser  of  such  tract  or  lot;  provided .  that  no  bid  shall  be  accepted 
for  a  rate  of  interest  exceeding  twelve  per  cent  per  annum.  The 
person  purchasing  any  tract  or  parcel  of  real  property,  or  part 
thereof,  shall  forthwith  pay  to  the  City  Treasurer  the  amount 
of  taxes,  penalty  and  costs  charged  thereon,  and  on  a  failure  to 
do  so,  the  said  tract  or  parcel  of  real  property  shall  at  once  be 
again  offered  as  if  no  sale  had  been  made. 

Sec.  29.  The  City  Auditor  shall  attend  all  sales  of  real 
property  for  taxes,  made  by  the  City  Treasurer,  and  make  a 
record  thereof  in  a  book  to  be  kept  by  him  for  that  purpose  and 
designated  “Book  of  Sales,”  therein  describing  the  several  tracts 
or  parcels  of  real  property  on  which  the  taxes,  penalty  and  costs 
were  paid  by  the  purchaser,  as  they  are  described  in  the  adver¬ 
tisement  on  file  in  his  office,  and  substantially  the  same  as  they 
are  described  in  the  land  tax  book,  stating  in  separate  columns 
the  amount,  as  obtained  from  the  land  tax  book,  of  each  kind  of 
tax,  penalty  and  costs  for  each  tract  or  parcel  of  real  property, 
to  whom  sold,  and  date  of  sale  and  the  amount  of  interest  speci¬ 
fied  in  the  bid  by  the  purchaser.  The  City  Treasurer  shall  also 
note  in  the  land  tax  book,  opposite  the  tract  or  parcel  of  real 


I 


64 


property  sold,  the  fact  and  date  of  such  sale,  and  to  whom  sold, 
and  the  amount  of  interest  specified  in  t}ie  bid  by  the  purchaser 
at  the  tax  sale. 

Sec.  30.  When  all  of  the  tracts  upon  which  there  are 
delinquent  taxes  have  been  offered  for  sale,  the  City  Treasurer 
may,  in  his  discretion  or  at  the  request  of  any  person,  re-offer 
any  tract  or  tracts  that  have  been  passed  for  want  of  bidders. 
If  any  tract  or  parcel  of  real  property  cannot  be  sold  for  the 
amount  of  taxes,  penalty  and  costs  thereon,  the  City  Auditor 
shall  bid  it  off  for  the  city  for  such  amount;  provided ,  that  all 
sales  made  to  the  city  and  certificates  issued  thereon  shall  draw 
interest  at  the  rate  of  twelve  per  cent  per  annum.  Whenever 
any  person  shall  pay  the  City  Treasurer  a  sum  of  money  equal 
to  the  amount  of  all  taxes,  penalty,  interest  and  costs,  including 
cost  of  any  suit  that  may  be  commenced  thereon,  on  such  parcel 
or  parcels  of  real  property  at  the  time  of  such  payment,  the  City 
Treasurer  shall  give  to  such  person  a  certificate  dated  the  day 
when  it  was  issued,  describing  the  real  property  bid  off  for  the 
city  as  the  same  is  described  in  the  land  tax  book,  stating  the 
amount  of  each  kind  of  tax,  penalty  and  costs  for  which  it  was 
bid  off  to  the  city;  also  the  cost  of  any  proceedings  thereon,  if 
any;  the  amount  paid  to  the  City  Treasurer  by  such  person  for 
such  real  property,  the  time  when  the  owner  of  such  certificate 
shall  be  entitled  to  a  deed,  and  shall  number  said  certificate  to 
correspond  with  the  number  of  the  parcel  of  real  property  in  the 
land  tax  book,  which  certificate,  before-  it  shall  be  of  any  valid¬ 
ity,  shall  be  assigned  to  such  person  by  the  City  Auditor,  who 
shall  note  the  same  on  his  book  of  sales,  and  said  certificate  so 
assigned  by  the  City  Auditor  shall  vest  all  the  interest  of  the 
city  in  and  to  such  real  property  in  such  person,  and  such  certifi¬ 
cate  shall  be  assignable  to  the  Same  extent  and  in  like  manner  as 
certificates  given  to  purchasers  at  tax  sales,  and  shall  entitle  sucfi 
person  to  the  same  rights  and  privileges  thereunder  as  if  he  had 
purchased  the  same  at  the  tax  sale. 

Sec.  31.  If  the  City  Treasurer  or  his  deputy  shall  sell  or 
assist  in  selling  any  real  property  on  which  the  taxes  for  which 
the  same  is  sold  have  been  paid,  or  shall  execute  and  deliver 
a  deed  for  real  property  which  .has  been  redeemed  in  accordance 
with  the  provisions  of  this  charter  or  any  ordinance  of  Kansas 
City,  or  for  real  property  for  which  the  amount  required  ha» 
been  duly  tendered  him  before  the  execution  and  delivery  of  the 
deed  for  same,  the  City  Treasurer  through  whose  negligenc 
in  the  discharge  of  his  official  duties  such  injured  party  is  dam¬ 
aged,  and  his  bondsmen,  shall  be  liable  to  such  injured  part> 
to  the  amount  of  any  judgment  that  may  be  rendered  against 


* 


66 


him  under  the  provisions  of  this  charter,  in  any  action  by  or 
against  sudi  injured  party,  involving  or  in  any  manner  calling 
in  question  the  sale  of  such  real  property  for  taxes,  or  the  title 
thereby  conveyed  or  purporting  to  be  conveyed  to  the  purchaser 
at  such  tax  sale,  his  heirs  or  assigns,  in  any  court  in  this  State, 
and  for  any  and  all  amounts  such  injured  party  may  be  com¬ 
pelled  to  pay  to  redeem  such  real  property  so  sold,  together  with 
the  interest  at  the  rate  of  one  per  cent  a  month  on  the  amoant 
such  injured  party  pays  on  such  judgment  or  to  redeem  such 
real  property  so  sold  from  the  time  of  such  payment,  and  such 
injured  party  shall  be  entitled  to  recover  reasonable  attorneys’ 
fees  for  prosecuting  any  action  against  such  treasurer  and  his 
bondsmen,  in  case  where  such  injured  party  recovers  judgment. 

Sec.  32.  The  City  Treasurer  shall  make  out,  sign  and 
deliver  to  the  purchaser  of  any  real  property  sold  for  the  pay¬ 
ment  of  taxes  as  herein  provided  a  certificate  of  purchase,  in 
substantially  the  following  form : 

"city  treasurer’s  certificate  of  tax  sale. 

"I,  . ,  Treasurer  of  Kansas  City , 

County  of  Jackson,  State  of  Missouri,  do  hereby  certify  that  the 

following  described  real  property,  viz. :  . . 

situate  in  Kansas  City,  Missouri:  was  on  the  .  day  oi 

. ,  A.D . ,  duly  sold  by  me  at  public 

sale,  at  my  office  in  Kansas  City,  Missouri,  in  the  manner  pro¬ 
vided  by  law,  for  the  delinquent  city  taxes  thereon  for  the  years 

(or  year)  A.D . ,  amounting  to  the  sum  of . 

Dollars,  including  penalty  and  costs  thereon,  to  : . . 


.  for  said  sum  of .  Dollars,  he 

having  publicly  bid  in  said  real  property  for . per  cent 


per  annum,  which  was  the  lowest  rate  of  interest  obtainable. 

"And  I  further  certify  that  unless  said  real  property  above 
described  is  redeemed  from  said  sale  in  manner  provided  in 
Article  V  of  the  City  Charter  of  Kansas  City,  Missouri,  the 

said  . v .  or  assigns  will  be  entitled 

to  a  deed  therefor  on  and  after  the . day  of  .  .  . . , 

A.D . ,  on  surrender  of  this  certificate. 

"In  Witness  Whereof,  I  have  hereunto  set  my  hand 

this  .  day  of  . ,  A.D . 

*  ({ 

" City  Treasurer !’ 

% 

Such  certificate  of  purchase  shall  be  assignable,  and  an 
assignment  thereof  shall  vest  in  the  assignee  all  the  right,  title 
and  interest  of  the  original  purchaser. 


30 


Every  certificate  of  purchase  shall  be  acknowledged  ana 
recorded  in  the  same  manner  that  deeds  of  real  property  are 
required  to  be  acknowledged  and  recorded  by  the  laws  of  this 
State,  and  any  such  certificate  not  recorded  within  six  months 
shall  be  void. 

Sec.  33.  The  purchaser  of  any  real  property  sold  for 
taxes  may  pay  subsequent  taxes  thereon,  including  penalties  and 
costs,  if  any,  and  shall  receive  from  the  City  Treasurer,  or  other 
officer  to  whom  the  same  is  paid,  duplicate  receipts  therefor. 
In  like  manner  he  may  pay  any  state  or  county  tax,  whether 
levied  before  or  after  the  date  of  his  certificate  of  purchase, 
together  with  any  interest,  penalties  or  costs  thereon,  and  receive 
from  the  officer  to  whom  the  same  is  paid  duplicate  receipts 
therefor.  In  like  manner  such  purchaser  may  pay  any  special 
tax  or  assessment,  tax  bill,  park  tax,  grading,  condemnation  or 
other  special  benefit  levied  against  such  tract  by  authority  oi 
this  charter,  including  interest,  penalties  and  costs,  if  any. 

It  shall  be  the  duty  of  the  auditor,  upon  the  presentation  to 
him  of  such  duplicate  receipts,  or  of  any  receipt  or  vouchei 
showing  the  payment  of  any  special  tax  or  assessment,  tax  bill, 
park  tax,  grading,  condemnation  or  other  special  benefit,  tu 
file  the  same  in  his  office  and  enter  a  memorandum  thereof  upon 
the  book  of  sales.  He  shall  also  endorse  upon  the  certificate  of 
purchase  the  amount  of  such  city,  state  or  county  tax,  special  tax 
or  assessment,  tax  bill,  park  tax,  grading,  condemnation  or 
other  special  benefit,  including  interest,  penalties  and  costs,  il 
any.  No  state  or  county  tax,  special  tax  or  assessment,  tax  bill, 
park  tax,  grading,  condemnation,  or  other  special  benefit,  shall 
be  so  paid  or  entered  up  unless  the  same  be  delinquent  or  be  In 
default. 

Sec.  34.  Real  property  sold  under  the  provisions  of  this 
article,  including  any  real  property  bid  off  by  the  City,  or  any 
interest  in  such  real  property,  may  be  redeemed  by  the  owner, 
or  his  agent  or  attorney,  at  any  time  within  five  years  from 
the  first  day  on  which  the  annual  tax  sale  began,  or  at  any 
time  before  the  execution  and  delivery  of  the  tax  deed  to  the 
purchaser  at  the  tax  sale,  his  heirs  or  assigns,  by  the  payment 
to  the  City  Treasurer  of  the  amount  for  which  such  real  property 
was  sold,  together  with  interest  thereon  at  the  rate  per  cent  bid 
per  annum  from  the  date  of  purchase,  together  with  all  other 
taxes,  assessments  or  benefits  subsequently  paid  by  the  pur¬ 
chaser,  his  heirs,  or  assigns,  as  authorized  by  this  charter 
whether  state,  county,  park,  municipal,  general  or  special, 
together  with  interest  thereon  at  the  same  rate  from  date  of 
payment;  provided,  however,  that  if  redemption  be  made  within 


67 


six  months  after  the  date  of  sale,  the  person  redeeming  shall 
be  required  to  pay  interest  on  said  amounts  for  the  full  period 
of  six  months  from  the  date  of  sale. 

Sec.  35.  .  The  City  Auditor  shall,  upon  application  of  any 
person  wishing  to  redeem  any  real  property  sold  for  taxes  under 
the  provisions  of  this  article  or  any  ordinance  of  Kansas  City, 
give  to  such  person  a  statement  setting  forth  the  amount  re¬ 
quired  to  redeem  each  tract  or  parcel  of  real  property  described 
in  such  statement.  Upon  filing  such  statement  with  the  City 
Treasurer  and  paying  to  such  Treasurer  the  amount  therein 
named,  it  shall  be  the  duty  of  the  City  Treasurer  to  give  such 
person  duplicate  certificates  of  redemption  therefor,  one  of  which 
shall  be  countersigned  by  and  the  other  filed  with  the  City  Audi¬ 
tor,  whose  duty  it  shall  be  to  make  an  entry  opposite  the  tract 
or  parcel  of  real  property  redeemed,  on  the  proper  book  of  sales 
in  his  office,  showing  the  amount  paid  to  redeem  the  same, 
the  time  when,  and  by  whom  such  redemption  was  made,  and 
he  shall  charge  the  City  Treasurer  with  such  amount.  Th^ 
City  Treasurer  shall  make  like  entries  in  the  land  tax  book  in 
his  office.  No  certificate  of  redemption  shall  be  valid  or  received 
in  evidence  without  being  countersigned  by  the  City  Auditor  as 
aforesaid. 

Sec.  36.  All  moneys  received  by  the  City  Treasurer  for 
the  redemption  of  real  property  shall  at  once  be  paid  into  the 
city  treasury  to  be  paid  out  to  the  purchaser  of  such  real  prop¬ 
erty,  his  heirs  or  assigns,  on  the  delivery  of  the  certificate  of  pur¬ 
chase  to  the  City  Auditor,  who  shall  file  the  same  in  his  office 
and  draw  a  warrant  upon  the  City  Treasurer  in  favor  of  the 
party  entitled  to  such  redemption  money  for  the  amount  thereof. 
If  no  person  entitled  to  such  redemption  money  shall,  within 
two  years  after  the  same  is  paid  to  the  City  Treasurer,  appear 
and  claim  the  same,  all  such  moneys  not  so  claimed  shall  be 
forfeited  to  the  City  and  placed  to  the  credit  of  the  general 
fund. 

N 

Sec.  37.  The  City  Treasurer,  at  least  four  months  before 
the  expiration  of  the  time  limited  for  redeeming  real  property, 
as  provided  for  in  this  article,  shall  cause  to  be  published  in  the 
newspaper  doing  the  city  printing  at  the  time,  for  at  least 
twenty  consecutive  days,  Sundays  excepted,  a  list  of  all  unre¬ 
deemed  real  property,  describing  each  tract  or  lot  substantially 
the  same  as  it  was  described  in  the  land  tax  book,  stating  the 
amount  of  taxes,  penalty,  charges,  interest  and  costs,  calculated 
to  the  last  day  of  redemption,  due  on  each  tract  or  lot,  together 


88 


with  a  notice  that  unless  such  property  be  redeemed  on  or  before 
the  day  limited  therefor,  such  real  property  will  be  conveyed 
to  the  purchaser,  his  heirs  or  assigns.  The  cost  of  such  adver¬ 
tisement  shall  be  charged  to  the  party  redeeming,  or,  if  not  re¬ 
deemed,  shall  be  charged  to  the  person  receiving  the  deed. 

Sec.  38.  The  City  Treasurer  shall  obtain  a  copy  of  the 
advertisement  required  in  the  last  section,  together  with  the 
certificate  of  the  due  publication  thereof,  from  the  printer,  pub¬ 
lisher  or  manager  of  the  newspaper  in  which  the  same  shall 
have  been  published,  and  shall  file  the  same  in  the  office  of  the 
City  Auditor;  and  such  certificate  shall  be  substantially  in  the 
form  to  be  prescribed  by  ordinance  of  Kansas  City;  provided , 
that  no  informality  or  defect  in  such  advertisement,  or  any 
failure  to  make  such  advertisement  or  certificate,  shall  in  any 
manner  invalidate  the  sale  made  for  taxes,  or  the  deed  made 
for  any  real  property  sold  for  taxes. 

Sec.  39.  If  any  real  property  sold  for  taxes  under  the 
provisions  of  this  Article  shall  not  be  redeemed  within  five  years 
from  the  day  on  which  the  annual  tax  sale  began  at  which  it  was 
sold,  it  shall  be  the  duty  of  the  City  Treasurer,  on  presentation 
to  him  of  the  certificate  of  purchase,  to  execute  in  the  name  of 
Kansas  City,  under  his  hand  and  the  seal  of  Kansas  City,  to  the 
purchaser,  his  heirs  or  assigns,  a  deed  of  the  real  property  de¬ 
scribed  in  such  certificate  of  purchase,  remaining  unredeemed, 
as  shown  by  the  records  of  his  office,  and  shall  acknowledge  such 
deed  and  deliver  the  same  to  th£  grantee,  which  deed  shall  vest 
in  the  grantee  an  absolute  estate  in  fee  simple  in  the  real  prop¬ 
erty  described  therein,  and  shall  convey  all  the  right,  title  and 
estate  of  the  former  owner  or  owners,  free  from  any  and  all 
incumbrances  of  whatsoever  kind  or  nature,  subject,  however, 
to  all  unpaid  state,  county  and  city  taxes,  general  and  special 
taxes  or  assessments  which  are  a  lien  thereon.  The  deed  exe¬ 
cuted  under  this  Article  shall  be  called  a  tax  deed,  and  shall  b* 
acknowledged  and  recorded  in  the  same  manner  that  other 
deeds  and  conveyances  of  real  property  are  required  to  be 
acknowledged  and  recorded  by  the  laws  of  the  State;  provided , 
that  unless  such  tax  deed  shall  be  filed  for  record  in  the  office 
of  the  Recorder  of  Deeds  at  Kansas  City  within  twenty  days 
after  delivery  of  the  same  to  the  purchaser,  his  heirs  or  assigns, 
it  shall  be  void.  The  City  Treasurer  shall  collect  from  the 
grantee  in  such  deed  a  fee  of  one  dollar,  which  fee  shall  fficlude 
the  cost  of  acknowledgement  of  the  same.  Any  number  of 
parcels  or  lots  of  real  property  bought  by  the  same  person  may 
be  included  in  one  deed,  if  so  required  by  the  purchaser;  pro - 


69 


♦ 

vided,  however,  that  the  City  Treasurer  shall  collect  an  acldir 
tional  fee  of  ten  cents  for  each  parcel  of  real  property  included 
in  such  tax  deed  exceeding  one  in  number.  All  fee£: collected  by 
the  City  Treasurer  under  this  section,  less  costs  of  acknowledge¬ 
ment,  shall  be  paid  by  him  into  the  city  treasury  to  the  credit  of 
the  general  fund. 

Sec.  40.  Tax  deeds  executed  by  the  City  Treasurer  shall 
be  substantially  in  the  following  form: 

“Know  All  Men  by  These  Presents,  That,  whereas 

the  following  described  real  property,  viz. :  . .’ . . 

situated  in  Kansas  City,  in  the  County  of  Jackson  and  State  of 
Missouri,  was  subject  to  taxation  for  the  year  (or  years)  A.D. 
. ;  and  whereas,  the  taxes  assessed  upon  said  real  prop¬ 
erty  for  the  year  (or  years)  aforesaid  remained  due  and  unpaid 
at  the  date  of  the  sale  hereinafter  mentioned;  and  whereas,  the 

City  Treasurer  of  said  Kansas  City  did,  on  the . day 

of . ,  A.D . ,  by  virtue  of  authority  in  him 

vested  by  law,  at  the  sale  begun  and  publicly  held  on  the  first 

Monday  of  . ,  A.D . ,  the  first  day  on 

which  the  annual  tax  sale  began,  expose  to  public  sale  at  the 
office  of  the  City  Treasurer  in  Kansas  City  aforesaid,  between 
the  hours  of  ten  o’clock  in  the  forenoon  and  five  o’clock  in  the 
afternoon,  in  conformity  with  all  requirments  of  the  law  in 
such  case  made  and  provided,  the  real  property  above  described, 
for  the  payment  of  taxes,  penalty  and  costs  then  due  and  unpaid 
upon  said  real  property;  and  whereas,  at  the  place  aforesaid, 

A . ,  B . ,  of  the  County  of  . 

and  State  of  . .  .  . ,  having  offered  to  pay  the  sum  of 

. Dollars  and . Cents,  being  the  whole 

amount  of  taxes,  penalty  and  costs  then  due  and  remaining 
unpaid  on  said  real  property  for  (here  insert  a  description  of 
the  property  sold,  describing  each  tract  or  parcel  separately), 
and  payment  of  said  sum  having  been  by  him  made  to  said 
City  Treasurer,  the  said  property  was  stricken  off  to  him  at  that 

price;  and  whereas,  the  said  A . B . did,  on 

the  .  day  of  . ,  A.D . ,  duly 

assign  the  certificate  of  purchase  of  the  property  as  aforesaid, 
and  all  his  rights,  title  and  interest  to  said  real  property,  to 

E .  F .  .  . . ,  of  the  County  of  . and 

State  of  . ;  and  whereas,  five  years  have  elapsed 

since  the  first  day  on  which  the  annual  tax  sale  began  and  the 
said  property  has  not  been  redeemed  therefrom  as  provided  By 
law;  and  whereas,  the  City  Treasurer  of  Kansas  City  aforesaid 
did,  at  least  four  months  before  the  expiration  of  the  time  lim¬ 
ited  for  redeeming  said  real  property,  publish  a  notice  as  re- 


70 


quired  by  law  in  such  case  made  and  provided,  that  unless  said 
real  property  was  redeemed  on  or  before  the  day  limited  there¬ 
for,  it  would  be  conveyed  to  the  purchaser  or  his  heirs  or 
assigns; 

“Now,  Therefore,  I,  . ,  City  Treas¬ 

urer  of  Kansas  City,  County  and  State  aforesaid,  for  and  in 

consideration  of  . Dollars  and  . Cents, 

taxes,  penalty  and  costs  due  on  said  real  property  for  the  year 

(or  years)  . ,  to  the  City  Treasurer  of  said  Kansas 

City  paid  as  aforesaid,  and  by  virtue  of  law  in  such  case  made 
and  provided,  have  granted,  bargained  and  sold,  and  by  these 

presents  do  grant,  'bargain  and  sell  unto  the  said  A . 

B .  (or  E . F . ),  his  heirs  and  assigns, 

the  real  property  last  hereinbefore  described,  to  have  and  to 

hold  unto  him,  the  said  A . B . . .  (or  E . 

F . ).  his  heirs  and  assigns,  forever,  subject,  however, 

to  all  rights  of  redemption  provided  by  law. 

“In  Witness  Whereof,  I,  . ,  City  Treas¬ 

urer  of  Kansas  City,  as  aforesaid,  have  hereunto  subscribed  my 

name  and  affixed  the  corporate  seal  of  Kansas  City,  this . 

day  of  . ,  A.D . 


“(seal)  City  Treasurer  of  Kansas  City ” 

Said  deed  shall  be  signed  by  the  City  Treasurer  in  his  offi¬ 
cial  capacity,  with  the  seal  of  the  City  affixed,  and  acknowl¬ 
edged  by  him  before  some  officer  authorized  to  take  acknowledg¬ 
ment  of  deeds,  and  when  substantially  thus  executed  and  record¬ 
ed  shall  be  prima  facie  evidence  in  all  courts  of  the  State,  in  all 
controversies  and  suits  in  relation  to  the  rights  of  the  grantee  in 
said  deed,  his  heirs  or  assigns,  to  the  real  property  thereby  con¬ 
veyed  or  purporting  to  be  conveyed,  that  the  taxes  were  not  paid 
at  any  time  before  the  sale ;  that  the  real  property  conveyed  was 
subject  to  taxation  for  the  year  or  years  stated  in  the  deed; 
that  the  real  property  conveyed  had  not  been  redeemed  from 
the  sale  at  the  date  of  the  deed ;  that  tender  of  redemption  money 
had  not  been  made  to  the  City  Treasurer  before  the  execution 
and  delivery  of  the  deed;  that  the  real  property  conveyed  had 
been  duly  assessed  for  the  year  or  years  named  in  the  deed; 
that  the  taxes  were  levied  according  to  law  :  that  the  real  prop¬ 
erty  conveyed  was  duly  advertised  for  sale;  that  the  real  prop¬ 
erty  was  duly  sold  for  taxes  as  stated  in  the  deed ;  that  the  man¬ 
ner  in  which  the  assessment,  levy,  notice  and  sale  were  con¬ 
ducted  was,  in  all  respects,  regular  and  as  the  law  directed; 
that  the  grantee  named  in  the  deed  was  the  purchaser,  or  that 
the  certificate  of  purchase  had  been  duly  assigned  to  the  grantee; 


71 


that  all  the  prerequisites  of  the  law  and  ordinances  of  Kansas 
City  were  complied  with  by  all  the  officers  who  had  or  whose 
duty  it  was  to  have  had  any  part  or  action  in  any  transaction 
relating  to  or  affecting  the  title  conveyed  or  purporting  to  be 
be  conveyed,  from  the  assessment  of  the  real  property  up  to  the 
execution  of  the  deed,  both  inclusive;  and  that  all  things  what¬ 
soever  required  by  law  to  make  a  good  and  valid  sale  and  to 
vest  the  title  in  the  purchaser,  were  done. 

* 

Sec.  41.  In  any  suit  or  proceeding  involving  or  in  any 
manner  calling  in  question  the  title  or  right  of  the  grantee  in  a 
tax  deed,  or  those  claiming  under  lien  of,  to  or  in  the  real  prop¬ 
erty  conveyed  or  purporting  to  be  conveyed  by  such  tax  deed, 
executed  substantially  as  provided  in  the  preceding  section,  the 
person  claiming  title  adverse  to  the  title  conveyed  or  purporting 
to  be  conveyed  by  such  tax  deed  shall  be  required  to  prove,  in 
order  to  defeat  said  tax  deed,  either  that  the  taxes,  interest  and 
costs  were  paid  before  the  sale;  that  the  real  property  therein 
dscribed  was  not  subject  to  taxation  for  the  year  or  years  stated 
in  the  deed;  that  the  real  property  therein  described  had  been 
redeemed  from  the  sale  at  the  date  of  the  deed  or  the  tender 
of  the  redemption  money  had  been  made  to  the  City  Treasurer 
before  the  execution  and  delivery  of  the  deed,  in  accordance 
with  the  provisions  of  this  Article;  and  that  such  redemption 
was  had  or  attempted  to  be  had  for  the  use  and  benefit  of  the 
person  having  the  right  of  redemption  under  this  Article;  and 
if  any  person  claiming  title  under  a  tax  deed,  executed  substan¬ 
tially  as  provided  for  in  the  preceding  section,  shall  be  defeated 
in  any  suit  or  proceeding  by  or  against  him  for  the  recovery 
of  the  real  property  conveyed  or  purporting  to  be  conveyed  by 
such  tax  deed,  the  successful  claimant  shall  be  adjudged  to  pay 
such  person  claiming  under  such  tax  deed  the  full  amount  of  all 
money  paid  by  the  purchaser  at  the  tax  sale  of  such  real  prop¬ 
erty,  together  with  interest  at  the  rate  per  cent  per  annurfi  bid 
by  the  purchaser  at  the  tax  sale;  and  also  the  amount  of  all 
taxes,  assessments  and  benefits,  state,  county,  park,  municipal, 
general  or  special,  paid  by  the  purchaser,  his  heirs  or  assigns, 
after  the  date  of  the  certificate  of  purchase,  and  entered  on  the 
book  of  sales,  with  the  same  rate  of  interest  per  annum,  together 
with  the  costs  of  tax  deed  and/  fees  for  recording  the  same,  also 
the  total  cost  of  all  improvements  made  thereon,  and  all  costs 
in  the  case,  which  judgment  shall  be  a  lien  upon  the  real  prop¬ 
erty  in  controversy  and  shall  bear  interest  at  the  same  rate  per 
annum,  and  may  be  enforced  by  execution  as  in  other  cases  of 
judgments  and  decrees  of  such  court  against  the  land  in  con¬ 
troversy. 


72 


Sec.*  42.  Any  person  putting  on  record  a  tax  deed,  exe¬ 
cuted  substantially  as  provided  for  in  this  Article,  shall  be 
deeme’cT  to  have  set  up  such  a  title  to  the  real  property  described 
in  such  deed  as  will  enable  the  party  claiming  to  own  such  real 
property  to  maintain  an  action  for  the  recovery  of  the  possession 
thereof  against  any  person  claiming  under  the  tax  deed,  whether 
such  person  is  in  actual  possession  of  the  land  or  not;  and  such 
tax  deed  shall  be  received  in  evidence  without  further  evidence 
to  sustain  such  conveyance  or  the  title  thereby  acquired. 

i 

Sec.  43.  Any  suit  or  proceeding  by  or  against  the  pur¬ 
chaser  at  a  tax  sale,  his  heirs  or  assigns,  for  the  recovery  of  the 
real  property,  or  any  interest  therein,  sold  for  taxes,  or  any 
suit  or  proceeding*  to  defeat  or  avoid  a  sale  or  conveyance  of 
real  property  sold  for  taxes  under  the  provisions  of  this  Article, 
shall  be  commenced  within  three  years  from  the  time  of  record¬ 
ing  the  tax  deed,  and  not  thereafter. 

Sec.  44.  Any  person  entitled  to  redeem  real  property  sold 
for  taxes  under  the  provisions  of  this  Article,  after  the  execution 
and  delivery  of  the  deed  for  the  same,  shall  redeem  the  same  by 
an  equitable  action,  in  which  all  persons  claiming  an  interest 
in  the  land  desired  to  be  redeemed  from  the  tax  sale  as  shown 
by  the  records  shall  be  made  defendants,  and  the  court  shall 
determine  the  rights,  claims  and  interests  of  the  several  parties, 
including  all  liens  for  taxes  and  special  assessments,  interest 
and  costs  as  provided  in  this  Article,  and  claims  for  improve¬ 
ments  made  on  the  real  property  by  any  person  or  persons 
claiming  under  the  tax  title;  provided ,  that  any  person  seeking 
to  redeem  shall,  before  he  shall  s  be  permitted  to  commence  or 
prosecute  his  action,  deposit  with  the  Clerk  of  the  Court  in 
which  the  action  or  proceeding  is  commenced  an  amount  suffi¬ 
cient  to  pay  the  party  claiming  under  the  tax  deed  the  amount 
paid  at  the  tax  sale  for  the  real  property  in  controversy,  also 
the  amount  or  amounts  of  all  taxes,  state,  county  or  municipal, 
general  or  special,  paid  by  the  purchaser  at  the  tax  sale,  or  those 
claiming  under  or  through  him,  after  the  date  of  the  certificate 
of  purchase,  with  penalty  added  as  provided1  in  this  Article,  and 
interest  on  all  said  amounts  at  the  rate  of  twelve  per  cent  per 
annum  from  the  date  or  dates  of  such  payments. 

Sec.  45.  Unless  the  holders  or  owners  of  certificates  of 
purchase  for  real  estate  purchased  at  any  tax  sale  under  this 
Article  take  out  deed  or  deeds,  as  permitted  or  contemplated 
by  this  Article,  within  two  years  from  and  after  the  time  for 
redemption  expires,  the  said  certificates  or  deeds  and  the  sales 


73 


on  which  they  are  based  shall,  from  and  after  the  expiration  of 
such  two  years,  be  absolutely  null,  and  shall  constitute  no  basis 
of  title,  and  shall  cease  to  be  a  cloud  on  the  title  to  the  real 
estate  to  which  such  certificates  refer. 

Sec.  46.  No  certificate  of  purchase  or  tax  deed  issued  by 
authority  of  this  charter  shall  be  defeated  or  annulled  by  proof 
that  part  only  of  the  taxes,  assessments  or  benefits  included  in 
such  certificate  of  purchase  or  tax  deed  are  invalid  or  irregular, 
but  such  certificate  of  purchase  or  tax  deed  shall  be  binding  and 
effective  as  to  the  valid  taxes,  assessments  or  benefits  included 
therein,  and  no  further;  and  in  any  redemption  or  proceeding- 
permitted  by  this  charter  the  amount  of  invalid  taxes,  assess¬ 
ments  or  benefits  may  be  deducted  from  the  amount  necessary 
to  redeem. 

Sec.  47.  The  Comptroller  may,  at  any  time  prior  to  the 
sale  of  any  lot  or  tract  of  land  for  delinquent  taxes,  or  suit 
brought  for  personal  tax,  abate  any  particular  tax  because  the 
same  has  been  paid,  or  for  mistake  in  entering  it  against  the 
wrong  lot  or  tract,  or  in  case  of  any  personal  tax  against  the 
wrong  person,  and  correct  any  mistake  in  computing  or  extend¬ 
ing  any  tax  so  entered.  He  shall  in  each  case  make  a  perma¬ 
nent  record  of  his  action  in  making  such  abatements  and  cor¬ 
rections,  and  shall  at  once  certify  the  same  to  the  proper  cus¬ 
todian  of  the  books,  who  shall  at  once  note  such  action  on  the 
proper  land  tax  book  and  other  proper  records  of  the  city,  in 
such  a  way  as  to  show  clearly  what  has  been  done,  and  when, 
but  without  erasing  or  altering  the  prior  entries  of  taxes  on  the 
book  or  record. 

Sec.  48.  In  addition  to  any  and  all  remedies  by  sale  or 
otherwise,  provided  in  this  charter,  the  city  shall  have  the  power 
to  enforce  the  collection  of  delinquent  taxes,  with  all  interest, 
costs  and  penalties  thereon,  by  suit  brought  in  the  name  of  Kan¬ 
sas  City  in  any  court  of  competent  jurisdiction.  In  suits  for 
the  co^ection  of  taxes  on  personal  property,  and  in  suits  to  col¬ 
lect  the  taxes  on  the  property  of  railroads  and  other  public 
service  corporations,  it  shall  be  sufficient  to  state  the  amount 
of  tax,  interest,  costs  and  penalty  claimed,  the  year  or  years 
for.  which  it  was  levied,  the  owner  or  person  liable,  and  that  the 
tax  has  not  been  paid,  and  in  such  suits  a  personal  judgment 
may  be  rendered  against  the  person  or  corporation  whose  prop- 
ertv  has  been  taxed. 

Sec.  49.  In  suits  for  the  collection  of  taxes  which  are 


74 


a  lien  upon  any  specific  property  except  as  in  the  preceding  sec¬ 
tion  provided  for,  no  personal  judgment  shall  be  rendered,  but 
the  judgment  shall  be  that  the  amount  found  due  shall  be  levied 
on  the  real  estate  or  property  upoh  which  the  tax  is  a  lien,  which 
judgment  shall  have  priority  over  all  other  liens  and  incum¬ 
brances,  as  to  all  parties  to  such  suit.  Judgments  for  taxes  shall 
bear  the  same  rate  of  interest  as  did  the  tax  sued  on,  and  a  sale 
under  execution  thereon  shall  be  free  from  any  redemption.  The 
city  may  purchase  such  property  at  execution  sale  and  take  deed 
to  itself  and  acquire  the  same  title  as  any  other  purchaser. 

Sec.  50.  When  the  taxes  for  more  than  one  year  are  due 
the  city  upon  any  parcel  of  property,  they  may  all  be  included 
in  one  suit,  and  when  taxes  on  more  than  one  parcel  of  land 
owned  by  the  same  person  or  persons  are  due,  all  such  parcels 
may  be  included  in  one  suit.  Owners  of  undivided  interests 
may  be  sued  jointly  or  severally,  and  each,  together  with  his 
interests,  charged  with  the  proper  portion  of  the  tax,  though 
such  tax  may  have  been  assessed  as  a  whole.  When  any  parcel 
of  land  has  been  included  in  the  assessment  in  a  larger  parcel 
or  tract,  such  smaller  parcel  shall  be  charged  with  its  fair  and 
just  proportion  of  the  tax,  which  shall  be  determined  by  the 
court.  The  owners  of  the  whole  of  the  larger  parcel  may  be 
made  defendants,  and  each  parcel  charged  with  a  proper  share 
of  the  tax  or  the  owners  of  any  one  or  more  of  the  smaller 
parcels  may  be  sued  separately.  In  all  such  cases,  the  several 
taxes  and  parcels  of  land  may  be  set  out  in  one  cause  of  action, 
and  judgment  entered  against  each  parcel  for  the  tax,  interest, 
costs  and  penalties  found  due  thereon. 

Sec.  51.  The  municipal  court  of  Kansas  City  shall  have 
jurisdiction  in  all  cases  for  the  collection  of  taxes  due  the  city 
when  the  amount  does  not  exceed  the  sum  of  three  hundred 
dollars.  Defendants  shall  be  served  with  summons,  and  the 
judgment  shall  be  as  hereinbefore  prescribed.  In  case  of  a 
judgment  for  delinquent'  taxes  upon  real  property  no  execution 
shall  be  issued  by  the  municipal  court,  but  upon  filing  a  tran-  * 
script  of  such  judgment  in  the  ofifjee  of  the  Clerk  of  the  Circuit 
Court  of  Jackson  County,  at  Kansas  City,  such  Clerk  shall 
record  the  same  in  the  book  kept  for  recording  transcripts  of 
judgment  before  Justices  of  the  Peace,  and  shall  also  enter  such 
judgment  on  the  judgment  docket  of  such  court,  and  execution 
shall  issue  thereon  in  conformity  with  such  transcript  of  judg¬ 
ment.  In  the  case  of  judgments  for  personal  taxes,  execution 
may  be  issued  by  the  municipal  court  and  the  same  may  be 
enforced  in  the  same  manner  as  judgments  of  Justices  of  the 


75 


Peace.  In  such  suits  all  process  and  executions  shall  be  directed 
to,  served  and  returned  by  any  police  officer  of  Kansas  City  or 
any  constable  of  Jackson  County. 

Sec.  52.  The  proceedings  in  such  suits  for  the  collection 
of  taxes  shall,  in  all  respects  not  herein  provided  for,  conform 
as  near  as  may  be  to  the  practice  and  procedure  in  civil  cases, 
including  the  sale  under  execution  and  making  deed  to  pur¬ 
chaser.  ' 

I  Erai.  t  ' 

’Sec.  53.  The  tax  book  and  all  other  books  and  papers 
made  or  kept  by  the  Auditor,  Treasurer,  Assessor  or  other  offi¬ 
cer  of  the  City,  in  any  manner  relating  to  any  tax,  shall  be 
received  in  all  courts  as  evidence  of  all  the  facts  stated  therein, 
and  of  the  validity  of  the  tax,  costs,  interest  and  penalty  therein 
appearing,  and  a  copy  of  so  much  of  any  of  the  aforesaid  books 
and  papers  as  relates  to  the  tax  in  question,  certified  to  by  the 
Auditor  or  any  other  officer  of,  said.  City  having  the  same  in 
charge,  shall  be  received  in  evidence  in  like  manner  and  with 
like  effect. 

Sec.  54.  An  attorney’s  fee  of  ..ten  per  centum  on  the 
amount  of  the  judgment  shall  be  taxed  up  as  costs  in  every 
proceeding  for  the  collection  of  delinquent  taxes  under  this  Arti¬ 
cle.  Such  amount  of  ten  per  centum  shall  be  taxed  and  collected 
as  other  costs  in  the  case;  provided,  that  no  such  fee  shall  be 
paid  until  the  judgment  and  other  costs  in  the  case  are  paid. 


I 


ARTICLE  VI. 


Condemning  and  Damaging  Private  Property. 

Section  1.  Whenever  the  city  shall,  by  ordinance  provide 
for  establishing,  constructing  and  maintaining  for  public  use 
any  viaduct  or  bridge  or  any  approach  thereof,  or  right-of-way 
therefor,  or  any  tunnel,  cut  or  subway  and  approaches,  or  right- 
of-way  therefor  or  for  establishing,  opening,  widening,  extend¬ 
ing  or  altering  for  public  use  any  street,  avenue,  alley,  levee, 
wharf,  market  place,  public  square,  site  or  lands  for  hospital, 
fire  department,  building,  public  museum  or  gallery  of  art,  police 
station,  water  department,  workhouse,  morgue,  sewage  or 
garbage  reduction  plant,  route  for  sewer  of  any  kind,  water 
or  gas  mains  or  for  altering  the  channel  of  any  water-course, 
or  for  the  right  to  use  any  stream  or  right-of-way  for  drainage’ 
purposes,  or  for  the  vacating  of  any  street,  or  whenever  any 
private  property  is  taken  or  damaged  for  any  other  public  pur¬ 
pose  whatsoever;  and  not  herein  specifically  enumerated,  and 
it  becomes  necessary  to  take  or  damage  any  private  property 
for  such  public  use,  just  compensation  shall  be  paid  to  the 
owner,  or  owners  of  such  private  property  taken  or  damaged 
which  shall  be  ascertained  and  assessed  by  a  jury  of  six  disinter¬ 
ested  freeholders  of  the  city  by  proceedings  prescribed  by  ordi¬ 
nance,  and  as  in  ttys  charter  provided,  or  as  otherwise  provided 
by  law. 

Unless  otherwise  specified  by  ordinance,  and  except  as  else¬ 
where  in  this  charter  prescribed,  such  proceedings  shall  be  con¬ 
ducted  in  the  municipal  court  of  the  city  which  shall,  while  in 
the  discharge  of  such  duty,  have  and  exercise  the  powers  of  the 
circuit  court  for  the  preservation  of  order  and  enforcing  process 
issued  in  the  course  of  the  proceedings,  and  may  summon  and 
compel  by  attachment  or  otherwise,  the  attendance  of  witnesses 
and  jurors,  and  fine  and  commit  any  person  guilty  of  misde¬ 
meanor  or  contempt,  and  the  judge  of  such  court  shall  pass  on 
the  competency  of  evidence,  and  instruct  the  jury  on  questions 
of  law  arising.  The  Clerk  of  such  court  shall  issue  process  and 
record  orders  made  by  said  court. 

Sec.  2  .When  any  ordinance  shall  provide  for  taking  or 
damaging  private  property  for  any  public  use  specified  in  the 
preceding  section,  the  city  shall  by  ordinance  describe  the  private 
property  to  be  taken  or  damaged,  and,  if  the  same  is  to  be  paid 
for  wholly  or  in  part  by  special  assessments,  shall  prescribe  the 
limits  within  which  private  property  shall  be  deemed  benefited 


77 


by  the  proposed  improvement,  and  be  assessed  and  charged  to 
pay  compensation  therefor;  and  thereupon  the  City  Engineer 
or  one  of  his  assistants  shall  make  out  and  deliver  to  the  Clerk 
of  the  Municipal  Court  a  statement  by  plat,  map  or  otherwise; 
containing  a  correct  description  of  the  several  lots  or  parcels 
of  private  property  to  be  taken  or  damaged,  with  the  respective 
names  of  the  owners  and  parties  interested  therein  so  far  as 
known,  who  may  be  such  at  the  time  said  ordinance  takes  effect. 
Said  court  shall  thereupon,  by  order,  appoint  a  day  and  place 
for  empaneling  a  jury  to  ascertain  the  compensation  for  the 
property  to  be  taken  or  damaged  and  to  make  assessments  to  pay 
for  the  same,  which  order  shall  recite  the  number  and  title  ot 
said  ordinance  with  the  date  when  it  took  effect,  and  contain 
a  description  of  the  property  proposed  to  be  taken  or  damaged 
as  contained  in  said  ordinance  and  also  a  description  of  the 
property  contained  in  the  benefit  district  as  described  in  said 
ordinance,  and  naming  the  day  and  place  fixed  by  said  court  for 
impaneling  a  jury  to  ascertain  the  compensation  for  the  property 
to  be  taken  or  damaged  and  to  make  assessments  to  pay  for  the 
samev  which  order  shall  be.  directed  to  all  persons  whom  it  may 
concern,  without  naming  them. 

A  copy  of  such  order  shall  be  published  in  a  newspaper 
at  the  time  doing  the  city  printing,  for  four  successive  weeks, 
the  last  insertion  to  be  not  more  than  one  week  prior  to  the  day 
set  for  said  hearing.  The  parties  owning  'or  having  an  interest 
in  the  real  estate  proposed  to  be  taken  or  damaged,  shall  be 
served  with  a  copy  of  said  order,  either  by  delivering  to  each 
of  such  owners  or  parties  interested  at  any  time  before  the  day 
fixed  therein  for  the  hearing,  a  copy  of  the  order  or  by  leaving 
such  copy  at  their  usual  place  of  abode  with  some  member  of 
their  respective  families  over  the  age  of  fifteen  years,  and  in 
case  of  corporations,  by  delivering  a  copy  to  the  president,  sec¬ 
retary  or  some  managing  officer  thereof,  or  to  any  agent  of  such 
corporation  in  charge  of  any  office  or  place  of  business  of  such 
corporation  in  Jackson  County,  Missouri. 

-  If  service  of  such  notice  cannot  be  made  on  any  or  all  of 
such  parties  as  above  described,  within  said  city,  the  return  on 
such  notice  shall  so  state,  and  thereupon  an  alias  order  specify¬ 
ing  a  different  date  may  be  made  bv  said  court,  if  deemed  advis¬ 
able,  notifying  such  unserved  parties  of  the  facts  as  in  case  of 
the  original  notice  above  provided.  Said  cause  may  be  contin¬ 
ued  or  postponed  from  time  to  time.  It  shall  not  be  required  in 
any  case  to  bring  in  any  person  other  than  the  owners  of  the 
property  or  those  interested  therein  who  were  such  at  the  time 
of  the  taking  effect  of  such  ordinance;  and  the  parties  claiming 
or  holding  through  or  under  such  owners  or  parties  interested 


7b 


or  any  of  them,  shall  be  bound  by  the  proceedings  as  fully  as  if 
they  were  brought  in;  but  any  person  having  an  interest  in  the 
real  estate  to  be  affected  by  the  proceedings  may,  upon  applica¬ 
tion  and  entering  their  appearance,  be  made  parties  thereto;  but 
no  notice  of  said  proceedings  shall,  in  any  case,  be  necessary  to 
the  validity  thereof,  except  the  publication  of  the  order  as  herein 
provided.  Notice  so  given  by  publication  shall  be  sufficient  to 
authorize  the  court  to  hear  and  determine  the  cause  and  to  make 
any  finding  or  order  or  render  any  judgment  therein  as  fully  as 
though  all  the  parties  interested  at  the  time  of  the  taking  effect 
of  such  ordinance,  or  at  any  time  thereafter,  had  been  sued  by 
their  proper  names  and  had  been  personally  served. 

Affidavit  by  the  publisher,  manager  or  any  person  con¬ 
nected  with  the  newspaper  in  which  such  order  was  published, 
accompanied  with  a  printed  copy  of  the  notice,  shall  be  prima 
facie  evidence  of  the  publication  of  such  order  as  herein  re¬ 
quired. 

The  service  of  any  notice,  process  or  order,  required  by 
this  Article,  may  be  made  by  a  policeman  of  the  city,  or  by  any 
constable  or  officer  authorized  to  serve  judicial  writs;  and  any 
return  of  service  by  a  policeman,  constable  or  other  officer  shall 
be  evidence  of  the  facts  therein  stated.  After  notice  has  been 
given  as  herein  provided  and  upon  the  day  fixed  for  impaneling 
a  jury,  or  upon  a  day  to  which  such  hearing  has  been  adjourned, 
the  Municipal  Court  shall  appoint  and  cause  to  be  impaneled  a 
jury  composed  of  six  men  who  shall  be  disinterested  freeholders 
of  the  city,  who  shall  receive  such  compensation  as  shall  be  pro¬ 
vided  by  ordinance,  which  jury  shall  hear  the  evidence  and  view 
the  property  to  be  taken  and  damaged,  or  assessed  with  benefits. 

The  term  “disinterested  freeholder  '  as  used  in  this  charter 
shall  not  be  so  construed  or  defined  as  to  exclude  or  disqualify 
any  person  interested  in  property  by  reason  of  the  fact  that  he 
is  a  trustee  in  a  deed  of  trust  upon  property  taken  or  damaged 
or  within  the  benefit  district. 

Sec.  3.  The  jury  impaneled  under  the  provisions  of  this 
Article  shall  ascertain  the  just  compensation  to  be  paid  as  fol¬ 
lows  : 

First  :  For  each  piece  of  private  property  taken  when  the 
public  use  thereof  shall  be  such  that  the  city  must  have  the  exclu¬ 
sive  possession  and  control  thereof,  the  actual  value  of  the  prop¬ 
erty  taken. 

Second  :  For  each  piece  of  private  property  taken  where 
the  public  use  thereof  may  be  such  that  the  city  need  only  have 
such  possession  and  control  as  will  not  wholly  exclude  the  pos- 


79 


session  and  beneficial  use  thereof  by  the  owner  or  owners,  the 
actual  damage  from  the  public  use  specified  in  the  ordinance. 

Third:  For  all  damages  to  each  piece  of  private  property 
not  actually  taken  so  as  to  give  the  city  the  possession  or  con¬ 
trol  of  the  same,  the  actual  amount  of  the  damages  such  prop¬ 
erty  may  sustain  from  the  use  of  the  private  property  taken  for 
the  public  use  for  which  it  may  be  taken,  including  all  that  the 
city  from  time  to  time  may  do  or  cause  to  be  done  in,  with,  or 
upon  the  private  property  so  taken. 

•  _ 

To  pay  such  compensation  the  jury  shall  assess  against  the 
city  the  amount  of  benefit  to  the  city  and  public  generally,  in¬ 
clusive  of  benefit  to  any  property  of  the  qty,  and  the  balance 
of  such  compensation  they  shall  assess  against  the  several  lots 
and  parcels  of  private  property  within  the  benefit  district,  ex¬ 
clusive  of  the  improvements  thereon,  deemed  benefited  by  the 
proposed  improvement  as  determined  according  to  the  preceding 
section;  each  lot  or  parcel  of  ground  to  be  assessed  with  an 
amount  bearing  the  same  ratio  to  such  balance  as  the  benefit 
to  each  lot  or  parcel  bears  to  the  whole  benefit  to  all  the  private 
property  assessed.  Parties  interested  may  submit  evidence  to 
the  jury  and  the  latter  shall  examine  personally  the  property  to 
be  taken,  damaged  and  assessed.  The  party  owning  any  prop¬ 
erty  taken  may  remove  any  improvements  thereon,  and  the  jury 
may  consider  this  fact  in  determining  their  verdict.  The  verdict 
of  the  jury  shall  be  signed  by  each  juror  and  delivered  to  the 
Municipal  Court  and  shall  contain  a  correct  description  of  each 
lot  or  parcel  of  private  property  to  be  taken  and  the  value 
thereof,  and  of  each  lot  or  parcel  of  private  property  damaged 
and  the  amount  of  injury  thereto,  and  also  the  amount  assessed 
against  the  city,  together  with  a  correct  description  of  each  lot 
or  parcel  of  private  property  assessed  and  the  amount  assessed 
against  the  same.  The  City  Engineer  and  City  Assessor  or 
their  assistants  shall,  when  required,  aid  the  jury  to  put  their 
verdict  in  proper  form,  and  the  jury  shall  not  be  discharged 
until  the  Municipal  Court  is  satisfied  that  the  verdict  is  correct 
in  form. 

The  Municipal  Court  may  adjourn  proceedings  from  time 
to  time  until  the  matter  be  completed.  If  any  jury  cannot  agree 
the  Municipal  Court  may  discharge  them  and  may  order  the 
impaneling  of  another  jury  to  perform  the  duty  devolving  upon 
the  jury  by  this  Article,  and  no  new  notice  to  parties  interested 
shall  be  necessary  beyond  such  order,  which  order  must  be  made 
on  the  day  of  discharging  any  jury  and  shall  fix  the  time  and 
place  for  impaneling  a  new  jury,  or  nothing  further  shall  be 
done  under  the  ordinance  and  all  the  proceedings  shall  be  void. 


80 


Said  order  shall  be  duly  recorded  by  the  Clerk  of  the  Municipal 
Court. 

If  in  any  proceeding  any  juror  becomes  disabled,,  or,  for 
any  reason,  unable  to  act  as  a  juror  in  the  case,  the  Court  shall 
have  power  to  fill  the  vacancy  by  selecting  another  juror,  and 
the  case  shall  be  tried  before  the  entire  jury  de  novo,  or  the 
Court  may  discharge  the  jury  and  empanel  a  new  jury  as  in 
this  article  provided.  ■ 

Sec.  4.  The  Clerk  of  the  Municipal  Court  shall,  after 
the  rendition  of  the  verdict  of  the  jury,  report  the  same  to  the 
Common  Council;  and  if  the  same  be  not  confirmed  by  the  Com¬ 
mon  Council  within  sixty  days  from  the  making  of  such  report, 
the  proceedings  and  verdict  shall  be  void.  If  the  verdict  and 
proceedings  be  confirmed  by  ordinance  within  sixty  days  from 
the  report  of  the  Clerk  of  the  Municipal  Court,  an  appropriation 
shall  be  made  to  pay  such  sum  as  has  been  assessed  against  the 
city  and  the  city  shall  have  and  hold  the  property  sought  to  be 
taken  for  the  purpose  specified  in  the  ordinance  providing  for 
the  improvement,  and  the  City  Clerk  shall  give  notice  in  writing 
of  the  fact  of  such  confirmation  to  the  Clerk  of  the  Municipal 
Court;  and  the  several  amounts  assessed  by  The  jury  against 
private  property  shall  be  a  lien  on  the  several  lots  and  parcels 
of  private  property  charged,  from  the  date  of  the  enactment  of 
the  ordinance  providing  for  the  improvement  until  paid;  and 
if  not  paid  within  sixty  days  after  the  confirmation  of  the  ver¬ 
dict,  shall  bear  interest  at  the  rate  of  seven  per  cent  per  annum, 
from  the  confirmation  thereof,  except  as  hereinafter  provided, 
and  shall  be  collected  by  the  city  as  by  ordinance  provided,  by 
suit  or  otherwise,  as  any  other  special  taxes,  or  by»special  execu¬ 
tion,  as  follows,  namely :  A  special  tax  bill  against  any  lot  or 
parcel  of  property  assessed  may  be  issued  by  the  Clerk  of  the 
Municipal  Court,  under  his  hand,  and  his  signature  thereto 
shall  be  attested  by  the  City  Clerk  under  the  seal  of  the  City, 
which  tax  bill  shall  contain  a  description  of  such  lot  or  parcel  of 
property,  and  the  amount  assessed  against  the  same  as  fixed 
bv  the  verdict,  and  state  that  the  assessment  has  been  made  to 
pay  compensation  for  private  property  taken  or  damaged,  or 
both,  as  the  case  may  be',  for  the  purpose  specified  in  the  ordi¬ 
nance  providing  for  the  improvement,  giving  the  title  of  and 
date  when  the  ordinance  took  effect,  and  that  such  assessment 
has  been  confirmed  by  ordinance,  giving  also  its  title  and  date 
when  the  ordinance  took  effect,  and  that  such  assessment  shall 
bear  interest  as  herein  provided.  Each  tax  bill,  so  issued,  shall 
be  filed  in  the  office  of  the  Clerk  of  the  Circuit  Court  of  Jack- 
son  County,  at  Kansas  City,  and  by  such  Clerk  recorded  and 
indexed  as  a  judgment  in  favor  of  the  city,  against  the  prop- 


81 


erty  described  in  the  tax  bill.  At  any  time  after  the  filing  and 
%  recording  of  any  such  tax  bill,  as  aforesaid,  a  special  execution 
may  be  issued  thereon  out  of  the  said  Circuit  Court  in  vacation 
or  term  time,  as  on  a  judgment  of  the  Court  in  favor  of  the 
city,  which  execution  shall  recite  the  tax  bill  or  the  record 
thereof  and  state  when  the  tax  bill  was  filed  and  be  directed  to 
the  sheriff  of  Jackson  County,  and  command  him,  in  case  the 
assessment,  interest  and  costs  be  not  paid  to  him,  to  sell  the 
property  therein  described,  or  so  much  thereof  as  may  be  neces¬ 
sary  to  pay  such  assessment,  interest  and  costs.  The  proceed¬ 
ings  under  such  special  execution  shall,  as  far  as  practicable, 
conform  to  the  proceedings  on  special  executions  on  ordinary  n 
judgments  foreclosing  liens  on  land. 

Any  sale,  including  the  making  of  a  deed  by  the  sheriff  to 
the  purchaser,  made  as  aforesaid,  shall  vest  in  the  purchaser,  all 
the  right,  title  and  interest  and  estate  in  the  land  of  the  parties 
owning  and  interested  in  the  same,  who  shall  not  have  paid 
their  share  of  the  assessment,  and  all  parties  claiming  through 
or  under  them,  or  any  of  them,  by  operation  of  law  or  other¬ 
wise,  subsequent  to  the  taking  effect  of  such  ordinance  shall 
be  bound  thereby. 

/ 

Tax  bills  filed  afid  recorded  as  aforesaid  shall  be  subject 
to  the  order  of  the  Court,  and  may  be  set  aside  01^  the  amount 
of  assessment  reduced  on  motion  of  any  party  interested  in  the 
property  assessed,  the  city  having  reasonable  notice  of  the  filing 
of  such  motion  and  the  object  thereof.  If  no  title  can  be  acquired 
under  the  proceedings  to  any  of  the  property  sought  to  be  taken, 
the  court  shall  set  aside  any  bill  and  assessment  on  motion.  If 
by  reason  of  any  defect  or  omission  in  the  proceedings  the  city 
cannot  acquire  title  or  right  to  any  particular  parcel  of  property, 
or  to  any  interest  in  any  parcel  of  property  sought  to  be  taken, 
the  court  shall,  on  the  fact  being  made  to  appear,  reduce  the 
assessment  by  deducting  therefrom  so  much  thereof  as  was 
assessed  on  account  of  the  property  or  interest  in  the  property 
sought  to  be  taken,  but  not  acquired,  to  be  determined  as  far  as 
practicable  from  the  verdict  of  the  jury  making  the  assessment, 
and  award  execution  for  the  residue.  No  assessment  shall  be 
affected  or  interfered  with  for  the  reason  that  any  other  assess¬ 
ment  or  assessments  made  in  the  same  procedings  may  be  invalid 
in  whole  or  in  part.  Executions  and  proceedings  thereon  shall 
be  under  the  control  of  the  court  or  judge,  as  in  ordinary  civil 
cases.  The  owner  of  any  divided  or  undivided  interest  in  any 
lot  or  parcel  of  the  property  assessed,  whether  acquired  prior  or 
subsequent  to  the  date  of  the  taking  effect  of  the  ordinance, 
may  pay  his  share  separately. 


82 


In  the  case  of  divided  interest  the  benefits  shall  be  divided 
in  proportion  to  the  area  of  the  lot  or  tract  assessed.  No  sale 
on  execution  on  any  tax  bill  shall  be  affected  or  invalidated  be¬ 
cause  there  may  have  been  ground  to  set  aside  or  reduce  the 
tax  bill.  In  case  of  the  death  of  any  property  owner  or  claimant 
pending  any  proceedings  under  this  Article,  it  shall  not  be 
necessary  to  bring  in  his  representative,  or  to  revive  against  such 
representative  by  any  further  notice,  though  it  may  be  done 
by  the  city  if  deemed  advisable.  The  city  may  resort  to  any 
or  all  of  the  modes  of  collecting  such  assessments  at  the  same 
time,  but  shall  have  only  one  satisfaction.  Money  collected  on 
such  assessments  shall  be  used  only  to  pay  such  compensation 
and  whatever  interest  shall  be  collected,  and  no  more,  shall  be 
apportioned  and  paid  equitably  to  the  owners  of  the  property 
taken. 

Sec.  5.  If  any  incorporated  company  which  may  be  inter¬ 
ested  in  the  whole  or  any  part  of  the  land  to  be  taken  or  dam¬ 
aged  by  the  said  proceedings,  be  entitled  under  the  laws  of  the 
land  to  trial  of  its  claim  for  compensation  therefor  by  common 
law  jury  of  twelve  men,  it  may  at  any  time  prior  to  the  day 
fixed  as  herein  provided  for  impaneling  a  jury,  file  in  the  office 
of  the  Clerk  of  the  Municipal  Court,  a  petition  in  which  it  shall 
state  the  description  of  the  property  owned  or  claimed  by  it  so 
to  be  taken  or  damaged  and  the  amount  and  nature  of  its  claim 
therefore,  and  may  further  state  that  it  demands  a  trial  before 
a  common  law  jury  of  twelve  men  of  its  claim  for  compensation 
therefor;  and  if  any  such  incorporated  company  shall  not  so 
file  such  petition  before  such  date,  it  shall  be  deemed  and  taken 
to  have  waived  its  right  to  trial  by  a  jury  as  aforesaid  of  such 
issue.  And  if  any  incorporated  company,  which  may  under  ths 
law  of  the  land  be  entitled  to  a  trial  by  jury  as  aforesaid,  shall 
file  such  a  petition,  then  the  Municipal  Court  shall  make  an 
order  transferring  said  cause  to  the  Circuit  Court  for  further 
proceedings  therein  and  the  Clerk  of  the  Municipal  Court  shall 
within  thirty  days  after  such  order  certify  and  file  with  the 
Clerk  of  said  court  a  transcript  of  the  proceedings  and  all  papers 
filed  therein,  or  a  copy  thereof,  and  thereupon  said  court  shall 
become  possessed  of  said  cause  and  the  Circuit  Court  shall  cause 
such  common  law  jury  to  be  impaneled  at  a  time  to  be  fixed 
by  it  and  the  issue  to  be  tried  by  such  jury  shall  be  the  actual 
value  of  the  land  of  such  claimant  taken,  if  any,  and  the  amount 
of  damage  to  the  land  of  such  claimant  not  taken,  by  the  public 
use  thereof  and  by  the  use  of  the  land  taken  for  the  purpose  for 
which  it  is  taken,  including  all  the  city  may,  from  time  to  time, 
do  or  cause  to  be  done  in,  with  or  upon  the  private  property  su 
taken  or  damaged.  If  two  or  more  such  incorporated  companies 


33 


interested  in  the  land  to  be  taken  or  damaged  as  aforesaid  be 
entitled  to  trial  by  a  common  law  jury  as  aforesaid,  and  shall 
make  demand  therefor  as  aforesaid,  the  court  may,  in  its  dis¬ 
cretion,  as  may  appear  expedient,  order  that  all  such  claims 
shall  be  tried  at  the  samevtime  before  one  jury;  and  said  cause 
or  further  proceedings  in  the  same  shall  be  continued  from  time 
to  time  by  the  court  until  such  issue  or  issues  shall  have  been 
determined  by  the  verdict  of  said  jury;  provided ,  that  any  party 
to  such  issue  which  may  feel  aggrieved  by  the  verdict  of  said 
jury  may,  within  four  days  after  the  rendition  of  the  same,  file 
its  motion  for  a  new  trial  and  in  arrest  of  judgment,  and  said 
motion  or  motions  shall  be  heard  without  delay,  and  after  hear¬ 
ing  the  same,  the  court  may  overrule  the  same  or  may  order  a 
new  trial  of  such  issue  or  issues  on  good  cause  shown;  but  no 
appeal  from  the  judgment  of  the  court  overruling  such  motion 
shall  be  had  therein  until  the  final  judgment  of  confirmation  of 
the  entire  proceedings  by  the  said  court  as  hereinafter  provided. 

After  the  rendition  of  the  verdict, of  such  comrfion  law  jury 
of  twelve  men,  and  after  the  hearing  of  the  exceptions  thereto 
on  the  motions  for  a  new  trial  or  in  arrest  of  judgment,  if  any 
there  be,  the  court  shall,  on  any  day  thereafter  to  which  said 
cause  may  have  been  continued  as  aforesaid,  impanel  a  jury 
of  six  freeholders  and  the  cause  shall  proceed  before  such  jury 
of  six  freeholders  impaneled  to  try  the  same  as  set  forth  in  sec¬ 
tion  six,  in  this  Article;  provided,  that  in  case  any  claim  for 
compensation  shall  have  been  tried  and  ascertained  by  a  common 
law  jury  as  herein  provided,  any  jury  of  freeholders  in  said  pro¬ 
ceedings  shall  accept  and  adopt  the  valuation  or  assessment  of 
damages  for  any  land  taken  or  damaged  as  assessed  by  said 
common  law  jury,  and  shall  so  recite  the  same  in  and  as  a  part 
of  any  verdict  thereafter  rendered  by  any  such  jury  of  free- 
*  holders. 

Sec.  6.  In  case  the  city,  or  any  person  affected  by  the  pro¬ 
ceedings,  either  as  the  owner  thereof  or  interested  in  any  of  the 
property  taken  or  damaged,  or  as  the  owner  of,  or  interested  in 
any  of  the  property  assessed,  shall  feel  aggrieved  by  the  verdict 
of  the  jury,  such  party  so  aggrieved  may,  within  twenty  days 
from  the  time  the  verdict  of  the  jury  is  confirmed,  appeal  to  the 
Circuit  Court  of  Jackson  County,  Missouri,  at  Kansas  City. 
If  an  appeal  is  taken,  the  same  shall  be  perfected  by  the  filing 
with  the  Clerk  of  the  Municipal  Court  within  the  time  afore¬ 
said,  by  some  party  in  interest  as  aforesaid,  such  an  affidavit  as 
is  required  by  law  in  appealing  from  the  judgment  of  a  Justice 
of  the  Peace,  and  in  which  affidavit  the  party  appealing  or  his 
agent,  shall  state  what  interest  the  party  appealing  has  in  the 
proceedings.  The  party  appealing  may,  however,  discontinue 


84 


sitch  appeal  at  any  time  before  the  transcript  has  been  filed  in  the 
office  of  the  Clerk  of  the  said  court,  by  filing  a  statement  in 
writing  to  that  effect  with  the  Clerk  of  said  Municipal  Court. 

If  an  appeal  is  so  taken  it  shall  be  the  duty  of  the  Clerk 
of  the  Municipal  Court  within  sixty  days  from  the  taking  of 
such  an  appeal,  unless  the  appeal  be  so  discontinued,  to  certify 
and  file  with  the  Clerk  of  the  Circuit  Court  of  Jackson  County, 
at  Kansas  City,  a  transcript  of  the  proceedings  and  all  papers 
filed  and  used  in  the  trial,  or  a  copy  thereof,  except  the  verdict 
of  the  jury,  but  the  certificate  to  said  transcript  shall  state  that 
a  verdict  was  rendered  in  the  proceeding  from  which  the  appeal 
is  taken  ;  and  thereupon  the  said  Circuit  Court  shall  become  pos¬ 
sessed  of  the  cause,  and  said  cause  unless  dismissed,  shall  be 
tried  de  novo  in  said  Circuit  Court  and  have  precedence  over  all 
other  causes  for  trial;  and  if  necessary  to  a  final  determination 
of  any  question  arising  in  said  cause,  the  Circuit  Couft  shall 
have  the  power  to  make  and  bring  in  other  parties  to  such  pro¬ 
ceedings  on  service  of  notice  upon  them  to  be  made  in  the  maiv- 
ner  required  by  section  two  of  this  Article;  and  if  such  appeal  is 
taken  preceding  any  term  of  said  Court  it  shall  stand  for  trial 
at  such  term;  and  if  such  appeal  is  taken  during  the  sitting  of 
said  court,  the  cause  shall  be  immediately  docketed  upon  the 
filing  of  the  transcript  and  stand  for  trial,  but  for  good  cause,  in 
the  discretion  of  the  court,  any  such  proceeding  may  be  post- 
.  poned  or  continued,  and  such  proceedings  shall  not  be  affected 
by  any  postponement  or  continuance,  or  want  thereof.  Such 
trials  on  appeals  are  to  be  conducted  in  all  respects  and  subject 
to  the  same  rules  and  the  same  laws  as  other  trials  had  in  the 
Circuit  Court  as  fully  as  may  be  and  the  same  record  thereof 
made  and  kept.  The  verdict  of  the  jury  or  finding  of  the  court, 
sitting  as  a  jury,  shall  conform  in  all  respects  to  the  require¬ 
ments  of  section  three  of  this  Article,  and  shall  have  the  same 
force  and  effect  as  therein  specified,  and  provided  for  verdicts 
of  the  jury  in  the  Municipal  Court,  and  shall  be  binding  and 
conclusive  upon  all  persons  and  parties  concerned  or  interested 
in  the  proceedings,  and  no  confirmation  thereof  by  the  Common 
Council  shall  be  required.  The  assessments  against  private 
property  shall  be  paid  within  the  same  time,  and  until  paid, 
bear  the  same  rate  of  interest  as  provided  in  section  four  of  this 
Article,  and  the  amounts  assessed  against  private  property  by 
the  finding  or  verdict  shall  stand  as  a  judgment,  and  be  a  lien 
on  the  several  parcels  of  property  charged,  from  the  date  the 
ordinance  for  the  improvement  takes  effect,  until  paid,  and  if 
such  assessments  are  not  paid  within  sixty  days  from  the  judg¬ 
ment  of  the  court  on  the  finding  or  verdict,  special  execution  or 
executions,  as  required,  may  issue  against  the  several  lots  or 


85 


parcels  of  property  against  which  assessments  for  benefits  are 
made,  and  the  execution  shall  be  in  favor  of  Kansas  City,  Mis¬ 
souri,  and  show  the  description  of  the  lot  or  parcel  of  ground 
and  the  amount  assessed  against  the  same  as  shown  by  the  ver¬ 
dict,  and  show  the  rate  of  interest  upon  assessments,  with  the 
date  when  the  same  began  to  accrue,  and  state  that  the  assess¬ 
ment  has  been  made  to  pay  compensation  for  private  property 
taken. or  damaged  for  the  purpose  specified  in  the  ordinance  pro¬ 
viding  for  the  improvement,  giving  the  title  and  date  of  ap¬ 
proval  of  the  ordinance;  which  execution  shall  conform  to  the 
proceedings  on  special  executions  provided  by  section  four  of 
this  Article,  and  the  said  proceedings,  sale  and  deed  shall  have 
the  same  force  and  effect  as  Stated  in  said  section.  Providedy 
however,  that  the  city  shall  have  power  to  bid  in  such  property  at 
such  sales  and  have  and  hold  the  same  as  any  other  purchaser. 

On  appeal  under  this  section  the  jury  shall  consist  of  six 
men  who  shall  be  disinterested  freeholders  of  the  citv  and  be 
chosen  by  the  judge  of  the  court.  They  shall,  before  making 
their  verdict,  examine  personally  the  property  taken  or  dam¬ 
aged  and  that  to  be  assessed  with  benefits,  and  upon  the  finding 
or  verdict,  judgment  shall  be  entered  thereon  that  the  city  have 
and  hold  the  property  sought  to  be  taken  for  the  purpose  sped-  . 
fied  in  the  ordinance  providing  for  the  improvement,  and  pay 
therefore  the  amount  assessed  against  the  city,  and  full  com¬ 
pensation  assessed  therefore,  and  that  the  several  lots  and  par¬ 
cels  of  private  property  assessed  to  pay  compensation  by  the  ver¬ 
dict  or  finding  stand  charged,  and  be  bound,  respectively,  for  the 
payment  of  assessments,  with  interest  as  provided  in  this  Article, 
and  that  such  judgment  be  enforced  by  special  execution  01 
executions  to  collect  assessments  as  aforesaid,  without  special 
tax  bills,  and  the  court  may,  by  execution  or  otherwise,  put  the 
city  in  possession  of  the  property  taken,  or  any  part  thereof,  the 
full  compensation  therefor  having  been  paid  to  the  owner  cr 
party  damaged,  or  into  court  for  him. 

The  court  shall  tax  and  charge  the  costs  in  appeals  accord¬ 
ing  to  equity. 

Sec.  7.  When  any  proceeding  is  appealed  to  the  Circuit 
Court  and  none  of  the  appellants  appear  at  the  time  of  said  hear¬ 
ing  of  said  proceeding/ the  court  shall  dismiss  the  appeal;  and 
any  party  appealing  may,  at  any  time  before  the  jury  has  ren¬ 
dered  a  verdict,  dismiss  his  appeal  to  the  Circuit  Court;  and 
should  the  party  appealing  not  appear,  and  his  appeal  be  dis¬ 
missed,  or  when  all  parties  who  may  have  appealed  shall  have 
dismissed  their  appeals,  the  verdict  rendered  on  the  hearing 
before  the  Municipal  Court  shall  remain  in  full  force  and  be  bind¬ 
ing  on  all  parties  interested  in  said  proceedings,  and  be  enforced 


86 


/ 

as  if  no  appeal  had  been  taken.  In  case  of  such  dismissal  of  the 
appeal  or  appeals  to  the  Circuit  Court,  the  several  amounts 
assessed  against  the  property  deemed  benefited  shall  bear  interest 
as  hereinbefore  provided  only  from  date  of  the  dismissal  of  such, 
appeal  or  appeals.  Any  party  or  parties  may  appeal  from  the 
judgment  of  the  Circuit  Court  in  such  manner  as  appeals  are 
taken  in  other  civil  causes,  but  the  only  bond  required  of  the 
party  appealing  shall  be  one,  conditioned  that  should  the  judg¬ 
ment  of  the  Circuit  Court  be  affirmed  by  the  Appellate  Court,  or 
should  such  appeal  be  dismissed,  he  will  pay  all  costs  of  such 
appeal.  When  an  appeal  shall  be  taken  from  the  Circuit  Court, 
the  amounts  assessed  upon  the  property  deemed  benefited  shall 
bear  interest  only  from  the  affirmance  of  the  judgment  in  the 
Appellate  Court,  or  from  the  dismissal  of  the  appeal  or  appeals; 
provided however,  that  if  the  party  or  parties  appealing  shall  be 
the  owner  or  owners  of  thfe  property  assessed  with  benefits,  then 
such  party  or  parties  appealing  shall,  unless  the  judgment  be 
reversed  in  the  Appellate  Court,  pay  interest  at  the  rate  of  eight 
per  cent  per  annum  on  the  amount  or  amounts  of  the  judgment 
in  the  Circuit  Court  charged  from  date  judgment  is  rendered 
until  paid. 

Sec.  8.  When  recommended  by  the  Board  of  Public  Works, 
the  city  may,  by  ordinance,  appropriate  out  of  any  funds  in  the 
treasury  an  amount  sufficient  to  pay  the  whole,  or  any  part,  of 
the  damage  allowed  in  any  proceedings  under  this  article,  or 
under  Article  VII  of  this  charter,  and  the  benefits  or  assessments 
charged  against  private  property  in  such  proceedings  shall  be 
collected  by  the  Treasurer  and  reported  to  the  Comptroller,  and 
shall  be  credited  to  the  fund  of  the  city  from  which  such  pay¬ 
ment  was  made,  unless  otherwise  provided  by  ordinance.  In  any 
proceeding  contemplated  by  this  Article  where  the  city  shall  pay 
or  cause  to  be  paid  to  the  Clerk  of  the  Court  in  which  said  pro¬ 
ceeding  is  pending,  the  amount  of  the  damages  awarded  for  the 
use  of  the  persons  entitled  to  the  same,  the  city  shall  have  the 
right  to  enter  upon  and  take  possession  of  the  property  so  taken 
or  condemned  notwithstanding  any  exceptions  to  such  award  or 
appeals  therefrom  and  any  subsequent  proceedings  in  said  case 
shall  only  affect  the  compensation  to  be  allowed. 

% 

Sec.  9.  The  city  may  sell,  assign  or  transfer,  without 
recourse,  in  any  manner  provided  by  ordinance,  the  whole,  or 
any  pa*t  of  the  unpaid  assessments  for  benefits  assessed  against 
private  property  in  pursuance  of  this  Article,  or  of  Article  VII 
of  this  charter,  as  shown  by  the  verdict  in  such  proceedings,  and 
the  proceeds  thereof  shall  be  used  for  the  payment  of  damages 
allowed  in  such  proceedings,  and  the  benefits  and  interest  thereon 


87 


shall  be  collected  by  the  city  and  paid  to  the  purchaser  or  his 
assigns  thereof,  but  in  no  event  shall  the  city  be  liable  on  account 
of  failure  to  collect  any  assessment;  and  all  the  rights  of  the  city 
shall  by  such  assignment  pass  to  and  vest  in  such  purchaser. 

Sec.  10.  Upon  the  final  determination  of  any  proceedings 
under  this  Article,  the  City  Treasurer  and'Comptroller  shall  each 
enter  in  a  suitable  record  a  reference  to  the  proceeding  and  a 
description  of  the  lots  or  parcels  of  land,  taken  or  damaged, 
giving  the  names  of  the  owners  or  claimants  thereof  respectively, 
the  amounts  of  damages  and  benefits  as  shown  by  the  verdict, 
and  the  date  of  the  confirmation  of  the  verdict,  and  the  Treasurer 
shall  collect  said  assessments,  and,  when  requested  by  any  owner 
of  property  taken  or  damaged,  may  make  offsets  in  whole  or  in 
part,  against  any  unpaid  benefits  charged  against  the  property  of 
such  owner  in  the  verdict,  and  make  proper  entry  opposite  each 
tract  of  the  amount  of  principal  and  interest  collected  or  offset, 
and  the  date  thereof,  and  report  the  same  to  the  Comptroller. 
When  the  amount  of  such  damages  shall  be  in  the  city  treasury,, 
the  Comptroller  shall,  by  warrant,  and  without  the  necessity  of 
any  action  or  appropriation  by  the  Common  Council,  pay  to  the 
person  or  persons  entitled  thereto,  or  into  court  for  their  use,  the 
amount  of  damages  as  set  out  in  the  verdict  and  the  proportion 
of  interest  thereon,  if  any,  and  take  a  receipt  therefor. 

The  city,  in  no  event,  shall  be  liable  for  any  interest  on 
account  of  any  proceedings  under  this  Article.  The  payment  to 
the  City  Treasurer,  and  the  entry  thereof  on  his  records  opposite 
the  description  of  such  tract,  or  parcel  of  land,  and  the  date  of 
such  payment,  and  by  whom  paid,  shall  be  a  sufficient  satisfaction 
of  any  lien,  assessment  or  judgment  against  such  tract,  or  parcel, 
created  under  this  Article. 

Sec.  11.  The  city  shall  not  be  entitled  to  the  possession 
of  any  lot  or  parcel  of  property  taken  or  damaged  until  full  pay¬ 
ment  of  the  compensation  therefor  be  made  or  paid  into  court  as 
herein  provided.  If  the  title  to  any  property  taken  or  damaged 
be  in  controversy,  or  there  be  any  dispute  as  to  what  party  or 
parties  are  entitled  to  such  compensation,  nothing  shall  be 
paid  therefor  to  any  party  until  the  right  to  the  com¬ 
pensation  be  determined  by  the  Circuit  Court  of  Jack- 
son  County,  Missouri,  at  Kansas  City,  in  an  appropri¬ 
ate  suit  between  the  city  and  the  parties  claiming  the  same,, 
in  which  none  of  the  costs  of  the  litigation  shall  be  borne  by  the 
city,  unless  the  city  be  one  of  the  claimants,  and  which  suit  may 
be  brought  by  the  city  or  any  party  making  claim  to  said  com¬ 
pensation  ;  and  during  such  controversy  or  dispute  the  money 
shall  remain  in  the  city  treasury,  and  pending  such  litigation,  the 


88 


s 

city  may,  after  having  in  the  city  treasury  the  compensation  to 
be  paid  for  the  property;  with  leave  of  the  court  in  which  the  suit 
is  pending,  or  judge  of  such  court  in  vacation,  by  order  made  in 
the  action,  take  possession  of  the  property,  bringing  the  money 
into  court,  if  required,  and  the  couft  or  judge  may  enforce  such 
order  by  execution  or  otherwise.  If  any  party  entitled  to  such 
compensation  be  absent,  or  unable  or  unwilling  to  receive  the 
same,  the  city  shall  have  the  right  to  apply  to  said  court,  or  the 
judge  thereof  in  vacation,  for  an  order  directing  said  compensa¬ 
tion  to  be  paid  to  the  Clerk  of  said  Court  for  the  use  of  said  party, 
which  order  shall  be  entered  of  record  by  said  Clerk  as  the  pro¬ 
ceedings  of  said  court,  and  when  the  amount  has  thus  been  paid 
into  court,  the  rights  of  the  city  in  said  property  shall  be  the  same 
in  all  respects  as  if  such  compensation  had  been  paid  directly  to 
the  party  entitled  thereto. 

Sec.  12.  The  city  shall  provide  suitable  books,  of  such  form 
as  may  be  prescribed  by  ordinance,  to  be  kept  by  the  Clerk  of  the 
Municipal  Court  or  the  Clerk  of  the  Circuit  Court,  or  both,  as 
may  be  necessary,  showing  what  pieces  of  property  have  been 
taken  or  damaged  by  such  proposed  improvement,  and  the  amount 
assessed  against  each  piece  of  property  in  the  district  deemed 
benefited  to  make  compensation  therefor,  with  indexes  to  such 
books,  so  that  the  exact  condition  of  each  piece  of  property 
affected  by  said  proceedings  can  at  any  time  be  definitely  ascer¬ 
tained,  and  such  index  shall  be  the  only  docket  of  such  cases 
required  to  be  kept  by  the  Clerk  of  said  court. 

Sec.  13.  As  soon  as  practicable  after  confirmation  of  any 
verdict  by  the  Common  Council,  the  Clerk  of  the  Municipal  Court 
shall  make  a  full  record  in  a  book  provided  for  the  purpose  of 
such  proceedings,  which  record  shall  coritain  correct  copies  of  all 
ordinances  constituting  part  of  the  proceedings,  notices  to  the 
parties  to  the  proceedings  and  returns  thereon,  all  notices  pub¬ 
lished  and  the  proofs  thereof,  all  orders  by  the  Municipal  Court, 
the  names  of  the  jurors  and  when  impaneled,  and  the  verdict  of 
the  jury  and  such  other  documents  and  matters  as  the  ordinances 
of  the  city  may  require.  The  judge  of  the  Municipal  Court  shall 
examine  such  final  record  of  such  proceedings,  and,  if  it  be  cor¬ 
rect,  sign  the  same;  and  thereafter  such  record,  or  copy  thereof, 
certified  by  the  Clerk  of  the  Municipal  Court,  shall  be  competent 
evidence  in  all  courts  of  this  state  of  the  facts  stated  therein. 
The  original  papers  shall  be  carefully  preserved  by  the  Clerk  of 
the  Municipal  Court.  The  city  shall  pay  all  costs  of  proceedings 
to  take  or  damage  private  property  except  costs  of  proceedings 
to  collect  assessments,  which  shall  be  taxed  and  paid  as  costs  in 
ordinary  cases,  and  except  the  costs  upon  appeal  as  hereinbefore 


% 


89 

provided.  If  the  city  fails  to  collect  any  assessment  in  whole  or 
in  part,  it  may  pay  the  amount  not  so  collected  out  of  the  city 
treasury. 

Sec.  14.  In  all  cases  where  private  property  is  taken  or 
damaged  for  any  of  the  purposes  set  forth  in  this  Article,  the 
Common  Council  is  hereby  authorized  by  the  same  ordinance,  or 
by  separate  ordinances,  both  to  condemn  private  property  under 
the  provisions  of  Section  two  of  this  Article  for  the  opening  or 
establishing -of  any  thoroughfare,  and  also  by  the  same  ordinance, 
or  by  separate  ^ordinances,  to  establish  the  grade  or  change  the 
grade  of  the  same  street  or  thoroughfare  at  such  points  as  it  may 
deem  advisable  and  to  provide  for  the  grading  of  the  same  to 
such  established  grade.  '  In  such  case  the  notice  required  to  be 
givn,  as  aforesaid,  shall  state  that  benefits  and  damages,  if  any, 
arising  from  the  condemnation  and  grading  of  the  street  or  thor¬ 
oughfare  to  the  established  grade  shall  be  assessed  by  the  jury 
in  said  condemnation  proceedings. 

In  case  the  owner  of  any  tract  of  land  shall  not  file  with  the 
said  Clerk  a  claim  for  damages  on  account  of  the  proposed  grad¬ 
ing  of  the  street  or  thoroughfare,  he  shall  be  deemed  to  have 
waived  the  same.  Such  claim  shall  be  filed  on  or  prior  to  the 
day  when  the  jury  is  empaneled  to  assess  the  damages.  The 
jury  shall  find  the  amount  of  damages,  if  any,  to  any  tract  of  pri¬ 
vate  property  for  which  damages  are  claimed  on  account  of  the 
propesed  grading,  as  provided  in  Article  VII  of  this  charter,  and 
in  assessing  the  benefits,  shall  consider  benefits  caused  by  the 
opening  of  the  street  or  thoroughfare  as  provided  in  this  Article, 
and  the  benefits  arising  from  the  grading  of  the  street  to  the  pro¬ 
posed  grade,  as  provided  in  Article  VII  of  this  charter. 

Sec.  15.  The  Common  Council  shall  have  the  power,  in 
any  proceeding  provided  for  in  this  Article,  at  any  time  before 
any  of  the  parties  assessed  with  the  benefits  shall  have  paid  the 
amount  so  assessed  to  repeal  the  ordinance  ordering  the  proposed 
improvement,  if  such  repeal  be  deemed  for  the  best  interests  of 
the  city,  and  in  such  event  the  judgment  for  compensation  and 
benefits  shall  be  void. 

"  ■  > 

Sec.  16.  When  the  grading  or  regrading  of  any  public 
highway,  or  the  grading  or  regrading  of  any  highway  and  high¬ 
way  or  highways  intersecting  therewith,  or  the  construction  of 
tunnels,  subways  or  viaducts  in,  under  or  upon  said  public  high¬ 
way  or  highways,  or  the  taking  of  private  property  by  condemna¬ 
tion  for  widening,  opening  or  extending  any  such  public  high¬ 
way  or  highways,  or  any  or  all  of  said  improvements,  shall  be 
deemed  by  the  Common  Council  to  be  part  or  parts  of  one  gen- 

; 


80 


V 


eral  public  improvement,  the  Common  Council  shall  have  the 
power  to  provide  for  the  same  in  one  and  the  same  ordinance  or 
by  separate  ordinances.  Said  ordinance  or  ordinances  may  pro¬ 
vide  for  establishing  or  re-establishing  the  grade  of  such  public 
highway  or  intersecting  highway  or  highways  or  part  or  parts 
thereof,  and  may  provide  for  such  grading  or  regrading  by  means 
of  cuts,  fills  or  viaducts,  and  may  provide  for  building  subways 
or  tunnels,  and  may,  in  the  same  ordinance  and  as  a  part  of  the 
same  general  public  improvement,  provide  also  for  the  condemna¬ 
tion  of  private  property  taken  or  damaged  by  such  proceeding. 
Such  ordinance  or  ordinances  shall  in  such*  case  provide 
also  for  the  payment  of  compensation  for  private  property 
so  taken  or  damaged  either  out  of  the  generaV  fund  of 
the  city  or  by  special  assessments  upon  a  benefit  district, 
or  both;  the  damages,  if  any,  caused  by  such  public  im¬ 
provement  may  be  ascertained  in  one  court  proceeding  or  by  sep¬ 
arate  court  proceedings  in  the  Circuit  Court  of  Jackson  County, 
Missouri,  at  Kansas  City,  as  may  be  provided  by  ordinance, 
and  all  procedure  for  the  ascertainment  of  damages,  the  serv¬ 
ice  of  notice,  and  the  making  of  special  assessments  shall  be  con¬ 
ducted  under  such  section  or  sections  of  this  Article  or  of  Article 
VII  of  this  charter,  as  the  ordinance  or  ordinances  shall  provide. 
Such  ordinance  or  ordinances  shall  provide  the  method  by  which 
the  damages  awarded  in  such  proceeding  or  proceedings  shall  be 
paid,  and  if  said  damages  are  to  be  paid  by  special  assessment 
upon  a  benefit  district,  said  ordinance  or  ordinances  shall  fix  the 
boundaries  of  said  district. 

When  proceedings  are  conducted  under  the  provisions  of 
such  ordinance  or  ordinances,  the  Board  of  Public  Works  shall 
cause  plans  to  be  prepared,  which  said  plans  shall  be  identified  in 
the  ordinance  or  ordinances,  and  shall  show  the  location  and 
description  of  the  proposed  public  improvement  as  a  whole,  and 
such  plans  shall  be  filed  with  the  Clerk  of  the  Circuit  Court  with 
a  certified  copy  of  said  ordinance  or  ordinances.  Any  special 
assessment  against  property  deemed  benefited  shall  be  collected  in 
the  manner  provided  in  this  Article. 

Whenever  the  grading  or  regrading  of  any  public  highway 
or  intersecting  highway,  or  the  construction  of  tunnels,  subways 
or  viaducts  in,  under  or  upon  such  highway  or  highways,  or  the 
taking  of  any  private  property  for  the  widening,  opening  or 
extending  of  such  highway  or  highways  or  any  or  all  of  such 
improvements  shall  be  a  part  of  one  general  public  improvement, 
and  shall  be  provided  for  in  separate  ordinances,  all  of  said  ord¬ 
inances  or  as  many  as  may  be  necessary  to  show  said  proceeding 
in  its  entirety  may  be  introduced  in  evidence,  and  may  be  con¬ 
sidered  by  the  jury  or  juries  in  assessing  the  damages  and  ben¬ 
efits,  if  any,  to  arise  in  any  one  of  said  proceedings. 


01 


Sec.  17.  Whenever  it  is  necessary  to  condemn  any  land  for 
the  purpose  of  constructing  a  viaduct  thereon  or  to  condemn  an 
easement  or  right-of-way  over  any  land  for  such  purpose,  or  to 
widen  a  street,  avenue,  alley,  boulevard,  or  other  public  highway, 
for  the  purpose  of  constructing  a  viaduct  thereon,  or  to  construct 
a  viaduct  upon  a  street,  avenue,  alley  , boulevard,  highway  or 
other  public  property,  or  to  change  the  grade  of  a  highway  for 
any  purpose,  and  such  construction  or  change  may  cause  a  dam¬ 
age  to  private  property  ,the  ordinance  providing  therefor,  before 
its  passage,  shall  be  approved  by  the  Board  of  Public  Works, 
except  that  in  case  of  boulevards  under  the  Board  of  Park  Com¬ 
missioners,  said  ordinance  shall  be  approved  by  the  Board  of 
Park  Commissioners.  The  Board  of  Public  Works,  or  Board  of 
Park  Commissioners,  as  the  case  may  be,  shall  cause  plans  to  be 
prepared,  which  said  plans  shall  show  the  location,  length,  width 
and  heighth  of  the  proposed  viaduct,  manner  of  construction 
thereof,  and  the  dimensions,  character  and  grade  of  the 
approaches  thereto.  The  Board  of  Public  Works,  or  the  Board  of 
Park  Commissioners,  shall  then  recommend  to  the  Common 
Council  the  passage  of  an  ordinance  providing  for  the  construc¬ 
tion  of  such  viaduct,  making  a  reference  in  said  ordinance  to  said 
plans.  Such  ordinance  .shall  establish  the  grade  of  said  viaduct 
and  of  the  approaches  thereto.  In  case  a  part  or  whole  of  the 
damages  are  to  be  paid  for  by  special  assessments,  the  ordinance 
shall  prescribe  a  benefit  district  within  which  private  property  is 
deemed  to  be  benefited,  and  such  private  property  within  such  dis¬ 
trict  may  be  assessed  with  the  benefits,  and  proceedings  therefor 
shall  be  begun  in  the  Circuit  Court  of  Jackson  County,  Missouri, 
by  filing  with  the  Clerk  of  said  court  a  certified  copy  of  said 
ordinance,  together  with  a  certified  copy  of  the  plans  of  said 
viaduct;  the  court  shall  require  service  of  notice  and  publication 
thereof  to  be  given  as  provided  in  this  Article  where  condemna¬ 
tion  cases  are  begun  before  the  Municipal  Court.  Subsequent 
proceedings  in  the  Circuit  Court  shall  be  conducted  in  the  same 
manner  and  with  the  same  effect  as  in  cases  of  appeals  taken  in 
condemnation  cases  begun  in  the  Municipal  Court,  and  in  such 
cases  a  jury  shall  determine  the  damage  and  assess  the  benefits 
as  provided  by  Section  three  of  this  Article,  and  Section  seven 
of  Article  VII  of  this  charter,  so  far  as  applicable. 

Whenever  it  is  deemed  necessary  by  the  city  to  condemn  a 
right-of-way  for  a  subway,  tunnel  or  cut,  or  to  condemn  an  ease¬ 
ment  for  the  construction  of  the  same  under  private  property, 
or  to  construct  the  same  under  any  street,  avenue,  alley,  high¬ 
way  or  other  public  grounds,  and  private  property  may  be  dam¬ 
aged  thereby,  said  proceedings  may  be  originated  and  conducted 
in  the  same  manner  and  with  like  effect  as  herein  provided  in 
regard  to  viaducts  so  far  as  the  same  may  be  applicable. 


92 


Sec.  18.  The  Common  Council  may,  by  ordinance,  pro¬ 
hibit  the  construction  or  maintenance  of  bill  boards  or  advertis¬ 
ing  boards  or  structures  for  the  posting,  painting  or  printing  of 
signs  or  advertisements  on  private  property  within  any  prescribed 
limits.  Such  ordinance  shall  prescribe  the  size,  character  and  loca¬ 
tion  of  such  advertising  boards  and  structures  so  prohibited,  and 
in  case  any  private  property  shall  be  so  damaged  by  such  prohi¬ 
bition  as  to  entitle  the  owners  thereof  to  remuneration  or  dam¬ 
ages  under  the  constitution  of  the  State  of  Missouri,  such  pro¬ 
hibition  and  the  proceeding  to  enforce  the  same  shall  be  treated 
as  a  public  improvement,  and  unless  the  consent  of  the  owner  or 
owners  damaged  by  such  prohibition  be  first  obtained,  the  same 
procedure  for  the  ascertainment  and  assessment  of  just  compen¬ 
sation  to  be  paid  to  the  owner  or  owners  of  such  private  property 
and  the  manner  of  payment  of  such  damages  shall  be  adopted  as 
is  prescribed  by  Sections  two,  three  and  four  of  this  Article 
relating  to  proceedings  for  condemning  and  damaging  private 
property.  Provided ,  however,  that  if,  within  four  days  after  the 
rendition  of  the  verdict  in  said  proceedings,  there  shall  be  tiled 
with  the  Clerk  of  the  court  in  which  said  proceedings  are  pend¬ 
ing  a  petition  asking  for  the  dismissal  of  said  proceedings  signed 
by" the  owners  of  a  majority  of  the  front  feet  of  the  property  in 
the  benefit  district  fixed  by  the  ordinance  instituting  such  pio- 
ceedings,  then  the  Common  Council  shall  not  have  power  to  con¬ 
firm  said  verdict  and  said  proceedings  shall  be  dismissed  on  behalf 
of  the  city  and  no  judgment  shall  be  rendered  therein. 

Sec.  19.  In  addition  to  the  methods  heretofore  provided  in 
this  Article  for  the  condemning  and  damaging  of  private  prop¬ 
erty  whenever  the  city  shall  deem  it  necessary  and  by  ordinance 
determine  to  take  or  damage  any  private  property  for  public  use 
of  said  city,  it  may  adopt  the  same  procedure  for  such  taking  and 
damaging  as  is  prescribed  in  the  general  laws  of  the  State  for  t  e 
appropriation  and  valuation  of  lands  taken  for  telegraph,  tele¬ 
phone,  gravel  and  plank  or  railroad  purposes,  being  Chapter  12, 
Artice  VII,  of  the  Revised  Statutes  of  Missouri,  1899.  Upon 
paying  to  the  Clerk  of  the  Circuit  Court  the  amount  of  damages 
awarded,  the  city  shall  have  the  right,  notwithstanding  the  filing 
of  exceptions  to  such  award,  or  appeals  therefrom,  to  enter  upon 
and  take  possession  of  the  property  so  taken  and  condemned,  and 
to  proceed  with  the  public  improvement,  or  in  the  case  of  damage 
onlv  to  proceed  with  the  public  improvement,  and  any  subsequent 
proceeding  shall  only  affect  the  amount  of  compensation  to  be 

allowed. 

Sec.  20.  The  city  may,  whenever  it  is  deemed  necessary, 
and  in  the  manner  provided  by  ordinance,  institute  and  prosecute, 

m 


93 


within  the  State  of  Kansas,  when  permitted  by  and  in  accordance 
with  the  laws  of  that  state,  proceedings  for  the  taking  and  dam¬ 
aging  of  private  property  for  any  of  the  public  uses  specified  in 
this  charter. 

Sec.  21.  Whenever  deemed  advisable  by  the  Common 
Council,  and  upon  ordinance  therfor,  the  proceedings  provided 
for  in  this  Article,  may  be  commenced  in  the  first  instance  and 
maintained  and  determined  in  the  Circuit  Court  of  Jackson  Coun¬ 
ty,  Missouri,  at  Kansas  City,  and  such  court  shall  have  original, 
full  and  complete  control  and  jurisdiction  thereof,  and  of  the 
parties  thereto,  and  such  proceedings  may  be  commenced,  main¬ 
tained  and  determined,  as  near  as  may  be,  in  similar  manner,  with 
similar  procedure  and  like  process  and  service  thereof,  as  pro¬ 
vided  for  in  Sections  two  and  three  of  this  Article,  and  whenever 
in  such  event,  the  Mayor  of  the  city  shall  file,  or  cause  to  be  filed, 
in  said  court  a  duly  certified  copy  of  an  ordin'ance  of  said  city, 
with  the  statement  by  map  or  plat  as  provided  in  Sections  two 
and  three  of  this  Article,  for  similar  proceedings,  the  court  shall 
become  fully  possessed  of  the  proceedings  with  full  power  therein 
and  have  complete  and  sole  control  and  jurisdiction  thereof.  In 
such  case  the  court  shall,  upon  application  of  the  city,  make  the 
order  provided  for  in  Section  two  of  this  Article,  and  service  and 
publication  thereof  shall  be  made  as  provided  for  in  said  section. 

Sec.  22.  Whenever  the  Common  Council  shall  so  deter¬ 
mine,  the  assessments  to  pay  for  property  taken  or  damaged  shall 
be  paid  in  such  number  of  annual  installments  as  may  be  deter¬ 
mined  by  ordinance  upon  the  recommendation  of  the  Board  of 
Public  Works.  In  such  case  the  proceedings  shall  be  begun  and 
prosecuted  to  judgment  in  the  Circuit  Court  of  Jackson  County, 
Missouri,  at  Kansas  City.  The  assessments  shall  bear  interest  at 
the  rate  to  be  specified  in  the  ordinance  not  exceeding  seven  per 
cent,  per  annum.  In  such  case  the  provisions  of  Sections  twenty- 
two,  twenty-three  and  twenty-four  of  Article  XIII  shall  apply 
as  to  the  payment  and  collection  of  the  amounts  and  the  penalties 
thereon  and  the  disposition  of  the  money  so  collected. 

The  Common  Council,  upon  recommendation  of  the  Board 
of  Public  Works,  may,  by  ordinance,  provide  that  the  City  Treas¬ 
urer  shall  issue  certificates  equal  in  amount  to  the  unpaid  assess¬ 
ments  as  provided  in  Section  twenty-five  of  Article  XIII  of, this 
charter.  Such  certificates  shall  be  known  as  condemnation  fund 
certificates  and  all  the  provisions  of  Sections  twenty-five,  twenty- 
six  and  twenty-seven  of  Article  XIII  shall  apply  to  the  issue, 
sale  and  payment  of  such  certificates  so  far  as  applicable,  except 
that  all  the  rights,  powers  and  duties  in  said  sections  conferred 
upon  the  Board  of  Park  Commissioners  are  hereby  conferred 


94 


upon  and  vested  in  the  Board  of  Public  Works,  provided  that  any 
sums  received  from  the  collection  of  assessments  or  the  sale  of 
condemnation  fund  certificates  as  authorized  by  this  section,  more 
than  are  required  to  pay  for  the  property  taken  or  damaged  in 
any  proceeding,  shall  be  credited  to  the  general  fund  of  the  city. 


Sec.  23.  When  by  reason  of  any  error,  defect,  or  omission 
in  any  proceedings,  or  in  the  verdict  or  judgment  therein  that 
may  be  instituted  under  the  provisions  of  this  Article,  a  portion 
of  the  private  property  sought  to  be  taken,  or  some  interest  there¬ 
in,  cannot  be  acquired,  or  an  assessment  is  made  against  private 
property  which  cannot  be  enforced  or  collected,  or  when,  by  rea¬ 
son  of  any  such  defect,  private  property  in  the  benefit  district  is 
omitted,  the  city  may,  by  ordinance,  institute,  carry  on  and  main¬ 
tain  supplemental  proceedings  to  acquire  the  right  and  title  to 
such  property  or  interest  therein  intended  to  be  taken  by  the  first 
proceeding,  but  which  cannot  on  account  of  such  defect,  error  or 
omission,  be  acquired  thereunder,  or  to  properly  assess  against 
any  piece  or  parcel  of  private  property  against  which  an  assess¬ 
ment  was  in  the  first  proceeding  erroneously  made  or  omitted  to 
be  made,  the  proper  amount  such  private  property,  exclusive  of 
the  improvements  thereon,  is  benefited  by  the  proposed  improve¬ 
ment  to  be  determined  by  the  verdict  of  the  jury  in  such  supple¬ 
mental  proceedings ;  and  the  original  assessments  may  be  revived, 
corrected,  increased  or  diminished  as  may  be  necessary  or  equit¬ 
able  under  the  provisions  of  this  Article  for  the  original  proceed¬ 
ings.  Such  supplemental  proceedings  shall  be  instituted  and  con¬ 
ducted  as  to  the  particular  piece  of  pieces  of  private  property 
sought  to  be  acquired  or  assessed  in  like  manner  and  with  like 
effect  as  in  the  original  proceedings,  and  shall  be  known  and 
described  as  supplemental  proceedings  for  the  purposes  specified 
in  the  original  ordinance ;  and  a  supplemental  verdict  and  assess¬ 
ment  shall  be  made,  confirmed  and  copies  of  the  original  verdict 
certified  in  every  particular  as  in  the  original  proceedings;  and 
the  assessments  as  established  and  corrected  by  such  supplemental 
verdict  shall  be  collected  by  the  City  Treasurer  in  the  same  man¬ 
ner  and  under  like  conditions  and  restrictions,  powers  and  duties 
as  in  the  case  of  original  proceedings. 

Sec.  24.  Within  six  months  after  the  confirmation  of  the 
verdict  of  a  jury  in  the  Municipal  Court  or  within  six  months 
after  the  rendition  of  a  final  judgment  vesting  in  the  city  the  jtitle 
of  any  land  as  provided  by  this  Article,  the  city  shall  cause  to  be 
filed  in  the  office  of  the  Recorder  of  Deeds  of  Jackson  County,  at 
Kansas  City,  a  certified  copy  of  said  confirmtaion  ordinance,  or 
certified  copy  of  such  judgment,  as  the  case  may  be. 


95 


Sec.  25.  Whenever  the  city  shall  propose  to  acquire  outside 
the  corporate  boundaries  of  the  city  and  within  the  territorial 
limits  of  Jackson  County,  any  right-of-way  for  sewers  or  any 
lands  for  use  for  or  in  connection  with  sewer  purposes  or  the 
right  to  make  use  of  any  natural  course  of  drainage  or  water 
course  or  any  part  thereof  as  a  public  drain  or  sewer  route,  by 
purchase  or  by  the  exercise  of  the  power  of  eminent  domain  for 
public  use  as  an  outlet  or  appurtenance  to  any  sewers  built  or  to 
be  built  within  the  corporate  boundaries  of  the  city,  the  Common 
Council  shall,  by  ordinance,  describe  sufficiently  for  identifica-  * 
tion  the  right-of-way,  lands  and  natural  course  of  drainage  or 
water  course  or  part  thereof  to  be  made  use  of  proposed  to  be 
acquired  as^aforesaid  and  shall  designate  the  sewer  district  or 
districts  within  the  corporate  boundaries  of  the  city  which  shall 
be  deemed  benefited  by  the  acquisition  thereof  and  by  the  con¬ 
struction  of  such  outlet  and  all  appurtenances  which  may  be 
constructed  or  used  in  connection  with  such  outlet;  thereupon 
the  city  may  proceed  to  acquire  such  right-of-way,  lands  and  right 
to  use  such  natural  course  of  drainage  or  water  course,  or  part 
thereof,  by  gift,  purchase  or  condemnation  proceedings  in  the 
manner  herein  provided,  and  the  whole  cost  of  so  acquiring  the 
same,  less  such  sum  as  may  be  appropriated  by  the  city  for  that 
purpose  or  otherwise  paid,  shall  be  collected  by  special  tax  from 
all  lands  exclusive  of  highways,  streets  and  alleys  embraced  with¬ 
in  the  said  district  or  districts  declared  to  be  so  deemed  bene¬ 
fited,  in  the  manner  hereinafter  provided.  The  cost  of  construct¬ 
ing  such  outlet  and  all  appurtenances  which  may  be  constructed  in 
connection  with 'such  outlets,  less  such  sum  as  may  be  appro¬ 
priated  by  the  city  for  that  purpose  or  otherwise  paid,  shall  be 
paid  for  in  special  tax  bills,  as  hereinafter  provided,  against  all 
lands,  exclusive  of  highways,  streets  and  alleys  embraced  within 
the  said  district  or  districts. 

Sec.  26.  The  city  may  acquire  any  part  of  such  right-of- 
way,  lands  and  naturar  course  of  drainage  or  water  course,  as 
aforesaid,  in  the  same  condemnation  proceedings  or  by  separate 
condemnation  proceedings,  and  may  proceed  against  each  owner 
separately  or  any  number  of  owners  may  be  joined  in  one  pro¬ 
ceeding,  but  in  all  cases  the  damages  to  each  shall  be  separately 
assessed. 

* 

Sec.  27.  In  case  the  city  shall  desire  to  acquire  any  such 
right-of-way  or  lands  or  the  right  to  so  make  use  of  any  such 
natural  course  of  drainage  or  water  course  or  part  thereof  for 
public  use,  as  aforesaid,  and  the  riparian  owners  of  any  such 
water  course  or  owners  of  such  course  of  drainage  or  of  any  of 
such  lands  or  of  the  property  through  which  such  right-of-way 


96 


runs  and  the  city  cannot  agree  upon  the  proper  compensation  to 
be  paid  therefor,  or  in  case  the  owner  is  incapable  of  contracting, 
be  unknown  or  be  a  non-resident  of  the  State,  the  city  may  apply 
to  the  Circuit  Court  of  Jackson  County  or  to  any  judge  thereof 
in  vacation,  by  petition,  setting  forth  a  general  description  of 
such  natural  water  course  or  course  of  drainage  or  describing  the 
route  of  the  right-of-way  so  sought  to  be  acquired  over  or 
through  any  lands  and  describing  the  lands  so  sought  to  be  ac¬ 
quired,  the  names  of  the  owners  thereof  if  known  or  if  unknown, 
a  pertinent  description  of  the  property  whose  owners  are  un¬ 
known,  and  praying  the  appointment  of  three  disinterested  free¬ 
holders  of  the  County  as  commissioners  or  for  a  jury  to  assess 
the  damages  which  such  owners  may  severally  sustain  in  con¬ 
sequence  of  the  use  of  such  natural  water  course  or  courses  of 
drainage  for  the  purposes  aforesaid,  or  for  the  use  of  such  right- 
of-way  for  the  purposes  aforesaid  or  by  the  taking  of  such  lands. 
The  owners  or  those  having  any  right,  title  or  interest  in  such 
land  or  natural  water  course  or  course  of  drainage  or  part  thereof 
or  land  through  which  such  right-of-way  runs  is  sought  to  be 
appropriated,  shall  be  made  parties  defendant  by  name  if  the 
names  are  known,  and  by  description  of  the  unknown  owners  of 
the  same  if  their  names  are  unknown.  It  shall  not  be  necessary 
♦  to  make  any  persons  defendant  in  respect  to  their  ownership  un¬ 
less  they  are  either  in  actual  possession  of  the  premises  to  be  af¬ 
fected,  claiming  title,  or  have  a  title  to  the ’premises  appearing  of 
record  upon  the  proper  records  of  the  county. 

Sec.  28.  Upon  the  filing  of  the  petition  a  summons  shall 
be  issued  giving  such  owner  at  least  ten  days'  notice  of  the  time 
when'  said  petition  will  be  heard,  which  summons  shall  be  served 
by  the  sheriff  of  the  county  in  the  same  manner  as  writs  of  sum¬ 
mons  are  or  may  be  by  law  required  to  be  served.  If  the  name 
or  the  residence  of  the  owner  be  unknown  or  if  the  owners  or 
any  of  them  do  not  reside  within  the  State,  notice  of  the  time 
of  hearing  the  petition  reciting  the  substance  of  the  petition  and 
the  day  fixed  for  the  hearing  thereof  shall  be  given  by  publication 
for  three  weeks  successively  prior  to  the  time  of  hearing  the  peti¬ 
tion,  in  a  newspaper  published  in  the  county. 

i 

See.  29.  The  court,  or  judge  thereof  in  vacation,  after 
being  satisfied  that  due  notice  of  the  pendency  of  the  petition  has 
been  given,  shall  appoint  three  disinterested  commissioners  who 
shall  be  freeholders,  residents  of  the  county,  to  assess  the  dam¬ 
ages  which  the  owners  may  severally  sustain  by  reason  of  such 
appropriation,  who,  after  having  viewed  the  property  shall  forth¬ 
with  return  under  oath  such  assessment  of  damages  to  the  clerk 
of  such  court  setting  forth  the  amount  of  damages,  and  the  clerk 


97 


shall  file  such  report  and  record  the  same  in  the  order  book  of 
the  court.  In  estimating  damages  the  commissioners  shall  al¬ 
ways  take  into  consideration  the  advantage  as  well  as  the  dis¬ 
advantage  resulting  from  the  establishment  of  the  said  sewer 
route  or  sewer  to  the  lands  through  or  over  which  the  same  may 
run. 


Sec.  30.  Upon  the  filing  of  such  report  of  said  commis¬ 
sioners,  the  clerk  of  the  court  wherein  the  same  is  filed  shall  duly 
notify  the  party  whose  property  is  affected  of  the  filing  thereof. 
Such  report  may  be  reviewed  by  the  court  in  which  the  proceed¬ 
ings  are  had  and  on  written  exceptions  filed  by  either  party  in 
the  clerk’s  office  within  ten  days  after  the  service  of  the  notice 
aforesaid,  the  court  shall  make  such  order  therein  as  right  and 
justice  may  require,  and  may  order  a  new  appraisement  upon 
good  cause  shown.  Such  new  appraisement  shall  at  the  request 
of  either  party  be  made  by  a  jury  under  the  supervision  of  the 
court  as  in  ordinary  cases  of  inquiry  of  damages.  In  all  cases, 
the  report  of  the  commissioners  when  signed  by  a  majority  of 
them  shall  be  taken  and  considered  as  the  report  of  all. 

Sec.  31.  The  cost  of  the  proceedings  shall  be  paid  by  the 
city  up  to  and  including  the  filing  and  copying  of  the  report  of 
the  commissioners,  and  the  court,  as  to  any  costs  made  by  subse¬ 
quent  litigation,  may  make  such  order  as  in  its  discretion  may  be 
deemed  just.  The  court  shall  allow  the  commissioners  a  reason¬ 
able  allowance  for  their  services,  which  shall  be  taxed  as  costs  in 
the  proceedings. 

Sec.  32.  Upon  the  payment  to  the  clerk  of  said  court  of  the 
amount  so  assessed  or  if  a  verdict  of  a  jury  shall  have  been  ren-  * 
dered  of  the  amount  awarded  by  such  jury  for  the  party  in  whose 
favor  the  same  has  been  assessed  or  awarded,  the  city  may  pro¬ 
ceed  to  use  such  natural  course  of  drainage  or  water  course  and 
construct  such  sewer  and  appurtenances  and  to  take  possession 
of  such  lands,  and  all  further  and  subsequent  proceedings  shall 
only  affect  the  amount  of  compensation  to  be  allowed. 

Sec.  33.  The  whole  cost  of  acquiring  such  lands  and  the 
use  of  such  course  of  drainage  or  water  course  and  of  such  right- 
of-way,  less  such  sum  as  may  have  been  appropriated  by  the  city 
for  that  purpose  or  otherwise  paid  as  aforesaid,  shall  constitute  a 
lien  on  all  the  lands  within  said  district  or  districts,  exclusive  of 
public  highways,  streets  and  alleys  so  declared  to  be  deemed  bene¬ 
fited  in  proportion  to  the  area  of  each  tract,  and  shall  be  collected 
by  a  special  tax.  Such  cost  shall  be  computed  and  apportioned 
*by  the  Board  of  Public  Works  and  set  down  in  a  book  pro* 


98 


vided  for  that  purpose  and  by  said  board  certified  to  be  correct, 
and  such  book,  and  certificate  or  a  copy  thereof,  or  of  any  part 
thereof,  certified  by  said  board  shall  be  received  in  all  courts  in 
this  state  as  prima  facie  evidence  of  the  validity  and  equality  of 
such  special  tax  and  of  all  steps  and  proceedings  necessary  to  the 
validity  and  collection  of  such  special  tax..  Said  book,  when  so 
certified  shall  be  forthwith  turned  over  to  the  city  treasurer, 
whose  duty  it  shall  be  to  collect  such  special  tax  at  the  same  time 
the  general  city  taxes  are  collected.  ,  Such  special  tax  shall  bear 
interest  at  the  rate  of  seven  per  cent  per  annum  from  the  date 
of  such  certificate,  unless  paid  within  sixty  days  after  such  date, 
and  such  special  tax  may  be  paid  to  the  city  treasurer  at  any  time. 
The  city  may  also  collect  such  special  tax  by  suit  foreclosing 
the  lien  thereof,  before  any  justice  of  the  peace  or  municipal 
court  or  other  court  having  jurisdiction  of  the  amount  sued  for. 
and  in  any  such  suit  it  shall  only  be  necessary  for  the  plaintiff 
to  allege  the  certification  and  delivery  of  such  book  and  the 
amount  and  non-payment  of  the  special  tax  sued  for,  together 
with  a  description  of  the  particular  tract  of  land  charged  there¬ 
with. 

Sec.  34.  It  shall  be  lawful  for  any  person  to  advance  to  the 
city  for  the  use  and  benefit  of  such  district  or  districts  so  de¬ 
clared  to  be  deemed  benefited  the  whole  or  any  part  of  such 
special  tax,  the  amount  advanced  to  bear  interest  at  the  rate  of 
seven  per  cent  per  annum  until  colletced  from  such  special  tax. 

A  certificate  of  such  advance  shall  be  issued  to  such  person  by  the 
Mayor  and  Comptroller  and  all  sums  thereafter  collected  on  such 
special  tax  shall  be  paid  over  to  such  person  on  demand  as  of  the 
day  on  which  the  same  was  collected  until  the  whole  amount  so 
*  advanced  and  interest  as  aforesaid  shall  have  been  duly  paid; 
but  the  city  shall  in  no  event  be  liable  to  such  person  in  any  man¬ 
ner  whatever  for  the  amount  so  advanced  or  any  part  thereof, 
but  the  collections  from  such  special  tax  shall  constitute  the  only 
resource  for  the  payment  of  the  same. 

Sec.  35.  The  cost  of  constructing  any  outlet  sewer,  appur¬ 
tenances  and  works  in  connection  therewith  or  to  be  used  in  con¬ 
nection  therewith  on  or  alnog  said  right-of-way  course  or  drain¬ 
age  or  water  course  or  on  said  land  or  any  part  thereof,  less  such 
sum  as  may  have  been  appropriated  by  the  city  for  that  purpose 
or  otherwise  paid  as  aforesaid,  shall  be  paid  for  wholly  or  in  part 
in  special  tax  bills  against  all  lands  embraced  within  said  dis-  . 
trict  or  districts,  exclusive  of  public  highways,  streets,  and  alleys, 
in  proportion  to  the  area  of  each  tract,  the  work  to  be  done  and 
the  special  tax  bills  to  be  issued  in  accordance  with  the  provisions 
of  this  charter  concerning  the  construction  of  district  sewers  and 


99 


the  issuing  of  special  tax  bills  therefor  so  far  as  tht  same  may  be 
applicable.  » 

Sec.  36.  The  Common  Council  shall  have  power  to  ap¬ 
propriate  money  for  the  purposes  aforesaid  and  to  pass  all  or¬ 
dinances  not  inconsistent  with  this  charter  or  the  constitution 
or  laws  of  the  State,  which  may  be  deemed  necessary  or  expedi¬ 
ent  to  further  carry  out  the  purpose  and  intent  of  this  Article. 

i 

Sec.  37.  In  all  cases  where  the  city  shall  provide  by  or¬ 
dinance  for  the  condemnation  of  land  beyond  the  city  limits  in 
the  State  of  Missouri  for  any  purposes  specified  in  this  charter 
where  the  same  is  to  be  paid  for  by  the  city  out  of  the  general 
fund,  or  by  the  sale  of  bonds,  or  in  any  manner  except  the 
assessment  of  benefits,  the  proceedings  for  the  condemnation 
of  such  land  shall  be  begun  and  conducted  in  the  Circuit  Court 
of  the  County  where  said  land  to  be  acquired  is  situated,  and 
the  compensation  or  damages  for  the  taking  of  said  land  shall 
be  ascertained  in  the  same  manner  provided  for  acquiring  land 
in  Jackson  County,  as  set  forth  in  sections  27,  28,  29,  30,  31 
and  32  of  this  Article. 


r 


r 


i 


ARTICLE  VII. 

Grading. 

Section  1.  The  Common  Council  shall  have  at  all  times 
the  power  to  establish  the  grade  and  to  change  the  grade  already 
established  of  any  street,  alley,  avenue,  public  highway  or  part 
thereof,  as  often  as  it  may  be  deemed  best  for  the  public  in¬ 
terest,  and  to  cause  the  same  or  any  part  thereof  to  be  graded 
to  the  established  grade  or  to  any  change  thereof;  provided, 
however,  that  when  a  change  is  proposed  to  be  made  in  the 
grade  of  any  street,  alley,  avenue,  public  highway  or  part  there¬ 
of,  which  has  once  been  established,  the  Common  Council  shall 
by  resolution  declare  the  work  of  improvement  to  be  necessary, 
and  cause  such  resolution,  or  the  substance  thereof,  to  be  pub¬ 
lished  in  the  newspaper  doing  the  city  printing,  for  ten  days 
(Sundays  included),  and  unless  the  resident  owners  of  the  city 
who  shall  own  the  majority  in  front  feet  of  all  the  lands  bb 
longing  to  such  resident  owners  fronting  on  the  street,  alley,, 
avenue,  public  highway  or  part  thereof  to  be  improved,  shall,, 
within  thirty  days  after  the  first  day  of  the  publication  of  such 
resolution,  file  with  the  City  Clerk  their  remonstrance  against 
the  proposed  change,  then  the  Common  Council  shall  have  power 
by  ordinance  to  cause  the  proposed  change  to  be  made;  pro¬ 
vided,  further,  however,  that  no  such  resolution  or  ordinance 
shall  be  passed  by  the  Common  Council,  except  upon  the  recom¬ 
mendation  of  the  Board  of  Public  Works  endorsed  thereon.  If 
the  remonstrance  of  the  resident  property  owners  above  men¬ 
tioned  shall  be  filed  with  the  City  Clerk,  as  herein  provided,  the- 
power  of  the  Common  Council  to  make  the  proposed  change  in 
the  grade  of  such  street,  alley,  avenue,  public  highway  or  part 
thereof,  shall  cease  until  a  sufficient  number  of  persons  so  re¬ 
monstrating,  or  their  grantees,  shall,  in  writing,  withdraw  their 
names  or  the  property  represented  by  them  from  such  remon¬ 
strance,  so  that  said  remonstrance  shall  cease  to  represent  a  ma¬ 
jority  of  the  resident  owners  as  above  provided,  or  until  the  pro¬ 
posed  ordinance  establishing  or  re-establishing  such  grade  shall 
have  been  approved  by  the  qualified  voters  of  the  city  voting- 
at  a  general  election  or  at  a  special  election  to  be  held  for  such1 
purpose,  whereupon  the  Council  shall  have  the  power  to  pass^ 
said  proposed  ordinance  and  cause  said  improvement  to  be  made. 

Sec.  2.  When  the  property  owners  to  be  disturbed  01 
damaged  by  the  grading,  or  re-grading  of  any  street,  alley,  ave- 


101 


nue,  public  highway  or  part  thereof  are  lawfully  entitled  to  re¬ 
muneration  or  damages  under  the  constitution  of  the  State  of 
Missouri,  and  shall  not  have  waived  any  right  or  claim  thereto, 
the  ordinance  which  shall  order  the  grading  or  re-grading  of 
any  street,  avenue,  alley,  public  highway  or  part  thereof,  shall 
also  prescribe  and  determine  the  limits  within  which  private 
property  is  deemed  benefited  by  the  proposed  grading  or  re¬ 
grading.  .  ‘ 

Sec.  3.  Within  thirty  days  after  the  taking  effect  of  the 
ordinance,  the  City  Engineer  shall  furnish  the  Mayor  a  map 
or  plat  containing  a  correct  description  of  the  several  lots  qr 
parcels  of  private  property  in  the  benefit  limits  prescribed  tn 
said  ordinance,  but  a  failure  to  furnish  the  map  or  plat  within 
the  specified  time  shall  not  invalidate  the  proceedings. 

Sec.  4.  The  proceedings  hereinafter  provided  for  shall 
be  heard  and  determined  by  the  Circuit  Court  of  Jackson  County, 
Missouri,  at  Kansas  City,  or  if  not  in  session,  by  a  judge  there¬ 
of,  and  when  they  are  had  in  vacation  the  same  record  thereof 
shall  be  made  and  kept  as  if  such  proceedings  had  been  had  in 
term  time;  provided,  however,  that  whenever  it  is  deemed  ad¬ 
visable  by  the  Common  Council,  and  upon  ordinance  therefor, 
the  proceedings  hereinafter  provided  for  in  this  Article  may  be 
commenced  in  the  first  instance  and  maintained  and  determined 
in  the  Municipal  Court  of  the  City,  and  such  court  shall  have 
original,  full  and  complete  control  and  jurisdiction  thereof,  and 
of  the  parties  thereto,  and  such  proceedings  may  be  commenced, 
maintained  and  determined  as  near  as  may  be  in  similar  manner, 
with  similar  procedure  and  like  process  and  service  thereof  as 
is  hereinafter  provided  for  the  procedure  in  the  Circuit  Court  of 
Jackson  County,  Missouri,  at  Kansas  City;  and  whenever,  in 
such  event,  the  Mayor  of  the  City  shall  file,  or  cause  to  be  filed, 
in  the  Municipal  Court  a  duly  certified  copy  of  the  ordinance  of 
the  city  providing  for  such  grading  or  re-grading  with  the  state¬ 
ment  by  map  or  plat  above  provided  for,  the  Municipal  Court 
shall  become  fully  possessed  of  the  proceedings  with  full  power 
therein,  and  have  complete  and  full  control  and  jurisdiction 
thereof.  In  such  case  the  Municipal  Court  shall,  upon  applica¬ 
tion  of  the  city,  make  all  orders  and  take  such  steps  and  follow 
such  procedure  as  is  hereinafter  provided  for  the  Circuit  Court 
of  Jackson  County,  Missouri,  at  Kansas  City,  or  the  judge 
thereof. 

In  case  the  city  or  any  person  affected  by  the  proceedings 
shall  feel  aggrieved  by  the  verdict  of  the  jury  in  the  Municipal 
Court,  he  may,  within  twenty  days  of  the  filing  of  the  verdict* 


102 


appeal  to  the  Circuit  Court  of  Jackson  County,  Missouri,  at 
Kansas  City.  Such  appeal  shall  be  perfected  in  the  manner 
provided  in  Section  6  of  Article  VI  of  this  charter,  and  upon 
the  perfection  of  such  appeal,  said  cause  shall  be  tried  de  novo 
in  the  said  Circuit  Court.  If  said  cause  be  so  tried  in  the  Mu¬ 
nicipal  Court  and  be  not  appealed,  as  above  provided,  the  sev¬ 
eral  lots  or  parcels  .of  private  property  assessed  to  pay  compen¬ 
sation  shall  stand  charged  and  be  bound  respectively  for  the 
payment  of  such  assessments,  with  the  lien  thereof  charged  from 
the  date  of  enactment  of  the  ordinance  for  the  improvement, 
until  paid.  If  such  assessment  be  not  paid  within  sixty  days 
after  the  rendition  of  the  verdict,  the  same  shall  bear  interest 
at  the  rate,  and  shall  be  collected  in  the  manner  provided  by 
Section  4  of  Article  VI  of  this  charter. 

Sec.  5.  When  the  Mayor  shall  file  or  cause  to  be  filed,  a 
certified  copy  of  said  ordinance,  with  a  copy  of  the  map  or  plat 
provided  for  in  Section  3  of  this  Article,  in  the  Circuit  Court, 
or  with  the  clerk  thereof,  such  court,  or  the  judge  thereof,  shall 
fix  a  day  and  place  for  assessing  the  damages  and  benefits  to 
arise  from  the  proposed  grading  or  re-grading,  and  shall  make 
an  order  reciting  the  title  of  the  ordinance  and  stating  the  gen¬ 
eral  object  and  nature  of  the  ordinance;  and  also  stating  the 
limits  within  which  private  property  is  benefited  by  the  pro¬ 
posed  grading  or  re-grading,  as  determined  and  prescribed  by 
the  ordinance,  and  said  order  shall  be  directed  to  all  whom  it 
may  concern,  without  naming  them,  notifying  them  of  the  day 
and  place  fixed  for  the  ascertaining  of  damages  and  benefits  to 
arise  from  said  grading  or  re-grading,  and  that  unless  they  file 
their  claim  for  damages  as  herein  required  they- shall  there¬ 
after  be  precluded  from  making  any  claim  on  account  thereof, 
which  order  may  be  substantially  in  the  following  form,  to-wit: 

“Kansas  City,  Missouri. 

TO  ALL  WHOM  IT  MAY  CONCERN :  Notice  is  here¬ 
by  given  that  a  certified  copy  of  an  ordinance  of  Kansas  City, 

Missouri,  No . ,  approved  on  the  .  day  of 

. .  19 _ ,  entitled  “ . ,”  has  been  duly 

filed  and  presented  to  this  Division  No.  ........  of  the  Circuit 

Court  of  Jackson  County,  Missouri,  at  Kansas  City,  which  or¬ 
dinance  provides  for  the  grading  (or  re-grading)  of  .  .• . 

street  in  said  city,  from . street  to . street 

as  specified  therein;  that  private  property  may  be  disturbed  or 
damaged  by  said  proposed  grading  and  that  the  owner  or  owners 
thereof  and  parties  interested  may  be  entitled  to  remuneration; 
that  the  limits  prescribed  and  determined  by  said  ordinance 
within  which  private  property  is  deemed  benefited  and  may  be 


103 


assessed  to  pay  said  remuneration  are  as  follows :  ‘Commencing 

. to  beginning’;  that  the . day  of . 

19....,  is  the  day,  and  the  court  room  of  said  court  in  the 
county  court  house  in  Kansas  City,  Missouri,  is  the  place  fixed 
by  the  court  for  the  ascertaining  and  assessing  of  the  damages 
and  benefits  to  arise  from  said  proposed  grading;  that  unless 
claimants  for  damages  file  claim  therefor  before  the  day  fixed  - 
aforesaid,  or  before  the  day  to  which  said  proceedings  may  be 
postponed  or  continued,  they  will  thereafter  be  precluded  from 
making  any  claim  for  remuneration  and  that  property  assessed 
with  benefits  to  pay  remuneration  will  be  sold  if  assessment  is 
not  paid. 


Attest : 


A  copy  of  such  order  shall  be  published  in  each  issue  of  a 
newspaper  at  the  time  doing  the  city  printing,  for  ten  days 
(Sundays  included),  the  last  insertion  to  be  not  more  than  one 
week  prior  to  the  day  so  fixed  for  said  hearing.  The  court,  or 
judge  thereof,  may,  at  the  time  of  making  said  order,  further 
order  that  all  or  any  portion  of  the  residents  of  the  city  owning 
or  having  an  interest  in  real  estate  fronting  on  the  street,  alle>, 
avenue,  public  highway  or  part  thereof,  proposed  to  be  graded 
or  re-graded,  or  in  the  real  estate  within  the  limits  of  the  dis¬ 
trict  prescribed  by  the  ordinance  within  which  private  property 
is  deemed  benefited  by  the  proposed  grading  or  re-grading  be 
served  with  a  copy  of  said  order,  either  by  delivering  to  each 
of  such  owners  a  copy  of  the  order  or  leaving  such  copy  at  their 
usual  place  of  abode  with  some  member  of  their  respective  fam¬ 
ilies  over  the  age  of  fifteen  years,  and  in  the  case  of  resident 
corporations,  by  service  of  said  order  in  like  manner  as  with 
summons  in  ordinary  civil  causes.  If  service  of  such  notice 
cannot  be  made  on  any  or  all  of  such  parties  as  above  described, 
within  the  city  limits,  when  personal  service  is  ordered  by  said 
court,  or  judge,  the  return  on  such  notice  shall  so  state.  There¬ 
upon  an  alias  order,  specifying  a  different  date,  may  be  made 
by  said  court,  or  judge,  if  deemed  advisable,  notifying  such  un¬ 
served  parties  of  the  facts,  as  in  case  of  original  notice  above 
provided.  Said  cause  may  be  continued  or  postponed  from  time 
to  time.  It  shall  not  be  required  in  any  case  to  bring  in  any  per¬ 
son  other  than  the  owners  of  the  property  or  those  interested 
therein,  who  were  such  at  the  time  of  the  taking  effect  of  the 
ordinance  providing  for  the  improvement,  and  the  parties  claim¬ 
ing  or  holding  through  or  under  such  owners  or  parties  inter¬ 
ested,  or  any  of  them,  shall  be  bound  by  the  proceedings  as  fully 
as  if  they  were  brought  in;  but  any  person  having  any  interest 


104 


in  the  real  estate  liable  to  be  affected  by  said  proceeding  may, 
upon  application  and  entering  his  appearance,  be  made  a  party 
thereto;  but  no  notice  of  said  proceedings  shall  be  necessary,  to 
the  validity  thereof,  except  the  publication  of  the  order,  as  here¬ 
in  provided.  Notice  so  given  by  publication  shall  be  sufficient 
to  authorize  the  court,  or  the  judge  thereof  in  vacation,  to  hear 
.and  determine  the  cause  and  to  make  any  finding  or  order  there¬ 
in  as  though  all  the  parties  had  been  sued  by  their  proper  names 
and  had  been  personally  served.  Affidavit  by  the  publisher, 
manager,  or  any  person  connected  with  the  newspaper  in  which 
such  order  was  published/  accompanied  with  a  copy  of  the  no¬ 
tice,  shall  be  evidence  of  the  fact  of  the  publication  of  the  notice 
or  order  as  stated  therein.  At  any  time  before  the  day  set  for 
the  hearing  or  before  the  day  to  which  said  cause  may  have  been 
postponed  or  continued  as  designated  in  either  of  aforesaid  no¬ 
tices,  any  person  claiming  damages  by  reason  of  the  aforesaid 
grading  or  re-grading,  may  file,  or  cause  to  be  filed,  with  the 
clerk  of  said  court,  a  description  of  the  property  claimed  to  be 
damaged  and  the  interest  of  the  claimant  therein.  The  clerk 
shall  note  the  filing  of  such  claim  a6  a  part  of  the  record  of  said 
cause.  If  no  claim  be  filed  before  the  day  set  for  the  hearing 
■of  said  cause,  or  the  day  to  which  said  cause  has  been  postponed 
or  continued,  as  above  provided,  the  court,  or  judge  thereof,  in 
vacation,  shall  make  an  order  finding  that  no  such  claim  has 
been  filed,  and  thereupon  the  grading  or  re-grading  may  then 
l>e  done,  or  made,  and  no  claim  for  damages  therefor  shall 
thereafter  be  made  or  considered.  The  service  of  any  notice  or 
process  required  by  this  article  or  ordered  by  the  court,  or  judge 
thereof  in  vacation,  may  be  made  by  a  policeman  of  the  city,  or 
by  any  constable  or  other  officer  authorized  to  serve  or  return 
notices,  and  any  return  of  service  by  a  policeman,  constable  or 
other  officer  shall  be  evidence  of  the  facfs  therein  stated. 

Sec.  6.  On  the  day  set  for  hearing,  if  notice  has  been 
given  as  hereinbefore  required,  the  court,  or  judge,  shall  appoint 
and  cause  to  be  empaneled  a  board  of  commissioners  composed 
of  six  men,  who  shall  be  disinterested  freeholders  of  the  city, 
and  such  commissioners  shall  be  allowed  the  same  fee  that  jurors 
are  allowed  for  their  services.  The  term  “disinterested  free¬ 
holder/’  as  used  in  this  article,  shall  not  be  so  construed  or  de¬ 
fined  as  to  exclude  or  disqualify  any  person  interested  in  prop¬ 
erty  by  reason  of  the  fact  that  he  is  trustee  in  a  deed  of  trust 
upon  property  taken  or  damaged  or  within  the  benefit  limits. 

•  ... 

Sec.  7.  The  commissioners  provided  for  in  the  preceding 
section  shall  be  sworn  to  ascertain  and  report  the  actual  dam- 


105 


ages,  or  just  compensation,  to  be  paid  in  each  case  separately,, 
as  well  as  the  benefits  to  be  assessed,  under  such  instructions  as 
shall,  after  hearing  the  parties,  be  given  them  by  the  court  or 
judge.  The  parties  interested  may  submit  evidence  to  the  com¬ 
missioners,  and  the  commissioners  shall  examine  personally  each 
piece  of  property  described  on  such  map  or  plat,  and  all  prop¬ 
erty  claimed  to  be  damaged  by  such  proposed  grading  or  re¬ 
grading.  The  commissioners  shall  ascertain  and  state  in  the 
report  or  verdict : 

First :  The  amount  of  actual  damage  to  each  piece  of  pri¬ 
vate  property  that  will  be  damaged  by  reason  of  the  proposed 
grading  or  re-grading,  making  just  allowance  for  all  special 
benefits  to  such  piece  of  property  from  such  .grading  or  re-grad¬ 
ing,  and  when  the  damages  to  any  piece  of  property  do  not  ex¬ 
ceed  the  benefits  thereto  from  the  proposed  improvement,  the 
commissioners  shall  not  report  any  allowance  or  damages  to 
such  piece. 

Second :  If  the  commissioners  shall  find  that  private  prop¬ 
erty  is  actually  damaged  by  reason  of  the  proposed  improvement,, 
to  pay  the  total  amount  of  such  damages  allowed,  they  shall 
first  assess  against  the  city  such  sum  as  is  equal  to  the  amount 
of  benefits  the  city  at  large  will  receive  from  the  proposed ,  im¬ 
provement,  and  the  balance  of  the  sum  so  awarded  as  damages 
and  not  assessed  against  the  city  the  commissioners  shall  assess 
against  the  private  property  within  the  benefit  limits  prescribed 
in  the  ordinance,  but  excluding  from  such  assessment  any  piece 
of  private  property  to  which  damages  are  awarded  on  account 
of  the  proposed  improvement,  when  the  damages  allowed  exceed 
the  benefits  assessed  against  such  piece  of  private  property;  and 
no  piece  of  private  property  shall  be  assessed  with  benefits  in 
any  amount  in  excess  of  the  actual  benefits  which  the  same  will 
receive  by  reason  of  the  proposed  improvement;  and  in  deter¬ 
mining  such  actual  benefits  to  any  piece  of  private  property,  the 
damages  which  it  may  have  sustained,  but  for  which  no  claim 
was  made,  shall  be  taken  into  consideration  by  the  commission¬ 
ers.  If  the  commissioners  cannot  agree  the  court  may  discharge 
them,  and  may  proceed  to  empanel  another  board;  but  the  order 
to  empanel  a  new  board  of  commissioners  must  be  made  on  the 
day  of  discharging  any  board  of  commissioners  and  must  name 
the  time  and  place  of  empaneling  the  new  board. 

Sec.  8.  The  verdict  of  the  board  of  commissioners  shall 
be  signed  by  each  commissioner,  and  delivered  to  the  court  or 
judge  on  the  day  fixed  for  such  report  at  the  hearing  of  the  same 
unless  said  commissioners  are  granted  further  time  by  the  court 
or  judge.  Such  report  or  verdict  shall  contain  a  .correct  de- 


106 


scription  of  each  lot  or  parcel  of  property  damaged,  the  names 
of  the  claimants,  and  the  amount  of  damages  thereto;  also  the 
amount  of  benefits  assessed  against  the  city,  together  with  a 
correct  description  of  each  lot  or  parcel  of  private  property  as¬ 
sessed  with  benefits  and  the  amount  assessed  against  the  same. 
The  city  engineer,  or  his  assistant  shall,  when  requested  by  the 
court  or  judge,  put  the  verdict  or  report  in  proper  form.  The 
court  or  judge  may,  on  its  or  his  own  motion,  or  on  the  motion 
of  the  city,  or  of  any  party  interested  in  the  proceedings,  for 
good  cause,  set  aside  the  verdict  or  report  of  any  board  of  com¬ 
missioners,  and  thereupon  appoint  a  new  board  to  perform  the 
duties  in  this  article  prescribed,  and  fix  a  time  and  place  for 
empaneling  such  other  board  and  a  rehearing  of  the  whole  mat¬ 
ter.  The  court  costs,  up  to  and  including  the  judgment,  and 
costs  of  giving  the  notices  herein,  shall  be  paid  by  the  city. 

Sec.  9.  The  verdict  and  report  shall,  unless  set  aside,  be 
confirmed  by  the  court  or  judge  thereof,  and  judgment  entered 
thereon  that  the  city  pay  the  damages  assessed  therein,  and  that 
the  city  recover  the  respective  amounts  assessed  against  private 
property,  and  that  the  several  lots  or  parcels  of  private  prop¬ 
erty,  so  assessed  to  pay  compensation  by  the  verdict  or  report, 
stand  severally  charged  and  be  bound  for  the  payment  of  the 
respective  assessments,  also  the  interest  and  costs  that  may  ac¬ 
crue  thereon.  Such  judgment  shall  be  by  the  clerk  docketed 
and  indexed  in  the  books  used  for  that  purpose,  as  provided  for 
in  Section  12,  Article  VI,  of  this  charter.  Such  judgment  may 
be  enforced  by  a  special  execution  if  the  same  is  not  paid,  or  as 
to  the  portion  not  paid.  The  judgment  as  to  the  benefits  as¬ 
sessed  against  private  property  shall  bear  interest  at  the  rate 
of  seven  per  cent  per  annum  from  the  date  of  such  judgment, 
unless  appealed  from;  but  in  case  of  an  appeal,  interest  shall 
be  charged  only  from  date  of  affirmance  or  dismissal  of  the 
appeal  in  the  Appellate  Court.  The  execution  herein  authorized 
shall  be  deemed  sufficient  if  it  recites  the  date  of  the  judgment, 
the  amount  assessed  against  each  tract  described  therein,  the 
rate  of  interest  thereon,  and  the  date  when  it  begins  to  accrue 
and  state  that  such  tract  or  tracts  were  assessed  to  pay  com¬ 
pensation  for  damages  to  private  property  for  grading  or  re¬ 
grading  of  a  street,  alley,  avenue,  public  highway  or  part  there¬ 
of,  as  the  same  may  be,  giving  the  title  and  date  of  approval  of 
the  ordinance  ordering  such  grading  or  re-grading,  and  com¬ 
mand  the  officer  to  whom  such  execution  is  directed  to  sell  each 
tract  or  parcel  of  property  therein  described,  or  so  much  thereof 
as  may  be  necessary  to  satisfy  the  assessment  and  interest  and 
costs  due  thereon. 


107 


Sec.  10.  In  all  cases  where  the  grading  or  re-grading  of 
a  street,  alley,  avenue,  boulevard  or  public  highway  or  part 
thereof,  would  cause  an  embankment  or  fill  to  be  made,  leaving 
any  abutting  property  below  the  proposed  grade  of  the  street, 
the  common  council  shall  have  authority  in  the  ordinance  for 
such  grading  to  provide  for  the  condemnation  of  an  easement 
in  said  abutting  property,  or  a  right  to  support  said  embank¬ 
ment  or  fill  so  far  as  may  be  necessary  to  bring  the  street  to  the 
required  grade,  and  by  allowing  the  material  of  which  said  em¬ 
bankment  is  made  to  fall  upon  the  abutting  land  at  the  natural 
slope  so  that  the  surface  of  said  street  may  be  graded  the  full 
width  thereof.  In  such  case  the  Board  of  Public  Works  shall 
prepare  a  plat  showing  a  profile  of  the  portion  of  the  street, 
avenue,  alley,  boulevard  or  other  public  highway  proposed  to 
be  graded,  and  indicate  thereon  approximately  the  amount  of 
the  encroachment  of  the  embankment  upon  the  abutting  prop¬ 
erty.  Said  plat  shall  be  referred  to  and  identified  in  said  or¬ 
dinance.  In  such  cases  the  notice  to  be  given  shall  state  that 
such  easement  is  sought  to  be  acquired  in  said  proceedings. 

Such  easement  acquired  by  the  city  shall  not  prevent  the 
use  of  property  to  the  line  of  the  street  by  the  owner  or  occu¬ 
pant  thereof,  provided that  if  he  shall  remove  the  support  of 
an  embankment  he  shall  support  the  same  by  a  sufficient  wall, 
or  by  some  other  method  satisfactory  to  the  city  engineer.  In 
all  cases  where  an  easement  shall  be  condemned  as  herein  pro¬ 
vided,  any  person  interested  in  any  property  affected  thereby 
who  makes  claim  for  damages  therefor  as  provided  in  case  of 
damages  on  account  of  such  grading,  shall  be  entitled  to  have 
the  commissioners  determine  the  damages  caused  by  said  ease¬ 
ment  in  addition  to  the  damages  provided  for  in  Section  7  of 
this  Article. 

Any  person  interested  in  any  property  affected  by  such 
proceedings,  who  fails  to  file  a  claim  for  damages  within  the 
time  and  in  the  manner  herein  provided  for  the  filing  of  a 
claim  for  damages  on  account  of  the  proposed  grading  shall  be 
deemed  to  have  waived  the  same. 

Sec.  11.  Any  party  aggrieved  by  the  judgment  may  take 
an  appeal  therefrom  by  filing  such  affidavit  as  is  required  in 
appealing  civil  cases,  and  filing  a  bond  in  such  sum  and  with 
such  security  as  may  be  approved  by  the  Circuit  Court,  or  the 
judge  thereof  in  vacation,  conditioned  that  the  party  appeal¬ 
ing,  should  the  judgment  be  affirmed  by  the  Appellate  Court, 
or  if  such  appeal  should  be  dismissed,  shall  pay  all  costs  of 
such  appeal.  The  bond  or  affidavit  for  such  appeal,  however, 
shall  be  filed  within  twenty  days  from  the  date  of  the  judgment, 
and  the  appeal  shall  be  perfected  within  sixty  days  from  the 


108 


date  of  the  judgment,  unless  further  time  be  granted  by  the 
court.  In  case  of  appeal,  the  judgment  shall  stand  suspended 
until  the  appeal  is  disposed  of,  and  no  interest  shall  be  collected 
on  assessments  until  such  appeal  be  affirmed  or  dismissed;  pro¬ 
vided ,  however,  that  the  party  appealing  shall  pay  interest  at 
the  rate  of  seven  per  cent,  per  annum  on  his  assessment  unless 
such  appeal  is  reversed.  No  writ  of  error  shall  be  allowed.  The 
clerk  of  the  Appellate  Court  shall  put  such  case  upon  the  docket 
for  hearing  at  the  next  term  of  that  court,  if  the  appeal  is 
allowed.  No  error  or  defect  not  affecting  the  rights  of  the 
appellant  shall  work  a  reversal  of  the  judgment. 

Sec.  12.  The  proceedings  herein  shall  in  all  respects  not 
herein  provided  for  conform  as  near  as  may  be  to  the  practice 
and  procedure  in  civil  cases,  including  the  sale  under  execution 
and  the  making  of  deeds  to  purchasers.  The  city  shall  have 
power  to  purchase  at  such  sales. 

Sec.  13.  Should  no  claim  for  damages  be  filed  at  any 
time  before  the  day  set  for  hearing  as  provided  in  this  article, 
or  if  the  verdict  or  report  of  the  commissioners  shall  declare 
that  no  damages  will  result  to  private  property  from  the  pro¬ 
posed  grading  or  re-grading,  or  if  damages  assessed  by  said 
verdict  or  report  shall  be  paid  to  the  owners,  or  into  court  for 
them,  the  city  may  proceed  to  cause  the  grading  or  re-grading 
to  be  done  according  to  the  ordinance.  Payment  to  the  clerk 
of  the  court  for  the  owner  shall  be  deemed  a  payment  into 
court  of  any  damages  assessed. 

i 

Sec.  14.  The  proceedings  herein  prescribed  for  ascertain¬ 
ing  the  damages  or  compensation  to  private  property  from*  grad¬ 
ing  or  re-grading  of  streets,  avenues,  alleys,  public  highways 
or  parts  thereof,  shall  be  taken  and  held  by  the  courts  as  ex¬ 
cluding  every  other  method  or  remedy  for  such  ascertainment. 
Any  person  failing  to  receive  an  award  of  damages  in  the  pro¬ 
ceedings  herein  authorized  shall  be  held  concluded  by  the  ver¬ 
dict  or  report  of  the  commissioners  and  the  judgment  thereon; 
and  such  verdict  or  report  shall  in  every  other  proceeding,  legal 
and  equitable,  be  taken  and  held  as  conclusive  as  to  what  pri¬ 
vate  property  will  be  damaged  and  benefited,,  or  either,  and 
the  extent  thereof,  by  the  proposed  grading  or  re-grading,  sub¬ 
ject  to  review  only  as  herein  allowed:  Provided,  however,  that 
should  the  court  or  judge  upon  evidence  find  that  the  benefit 
district  prescribed  by  the  common  council  is  unreasonable,  it  or 
he  can  so  declare  and  cause  an  entry  of  such  finding  to  be  placed 
on  record  in  the  cause;  and  such  finding  shall  cause  all  the  pro- 
ceedmgs  had  under  such  ordinance  to  be  null  and  void;  and  an 


109 


appeal  from  such  finding  of  the  court  or  judge  may  be  taken 
in  the  same  manner  as  in  any  ordinary  civil  case.  The  inquiry 
as  to  the  reasonableness  or  unreasonableness  of  the  ordinance 
in  the  matter  mentioned  may  be  heard  and  determined  by  the 
court  or  judge  before  the  submission  of  any  other  testimony 
in  the  case,  or  it  may  be  submitted  and  disposed  of'  by  the  court 
at  any  time  before  the  verdict  or  report  of  the  commissioners. 

Sec.  15.  When  damages  are  assessed  to  any  piece  or  par¬ 
cel  of  private  property  and  paid  into  court,  the  right  to  such 
damages,  if  there  be  more  than  one  claimant,  may  be  deter¬ 
mined  by  the  court  on  motion  of  any  party  claiming  an  interest 
therein,  but  the  costs  resulting  from  such  motion  shall  not  be 
assessed  against  the  city.  The  court  may  require  the  claimant 
to  interplead  for  the  fund  according  to  equity. 

Sec.  16.  The  city  shall  have  the  power  at  any  time  before 
any  of  the  parties  assessed  with  benefits  shall  have  paid  the 
amount  so  assessed,  to  repeal  the  ordinance  ordering  the  pro¬ 
posed  grading  or  re-grading,  if  such  repeal  be  deemed  for  the 
best  interests  of  the  city,  and  in  such  event  the  judgment  for 
damages  and  benefits  shall  become  void. 

Sec.  17.  It  shall  be  the  duty  of  the  city  treasurer  to  re¬ 
ceive  the  benefit  assessments ,  on  private  property  at  any  time 
after  the  conclusion  of  the  proceedings  before  the  issuance  of 
execution.  Payment  of  the  benefits  to  the  city  treasurer  as  pro¬ 
vided  in  this  section  shall  operate  as  a  satisfaction  of  the  judg¬ 
ment  therefor  and  the  lien  on  the  land  charged  therewith. 

Sec.  18.  In  addition  to  the  method  hereinbefore  provided 
in  this  article  for  ascertaining  the  damages,  if  any,  arising  frorfi 
proposed  grading  or  re-grading,  of  any  street,  avenue,  alley 
o^  public  highway  or  part  thereof,  whenever  the  city  shall  deem 
it  necessary,  and  by  ordinance  so  determine,  it  may  adopt  the 
same  procedure  for  ascertaining  the  damages  caused  by  such 
grading  or  re-grading  as  is  prescribed  in  the  general  laws  of 
the  State  for  the  appropriation  and  valuation  of  lands  taken  for 
telegraph,  telephone,  gravel  and  plank  or  railroad  purposes, 
being  Chapter  12  of  Article  VII  of  the  Revised  Statutes  of 
Missouri  of  1899.  Upon  paying  to  the  clerk  of  the  Circuit 
Court  the  amount  of  damages  awarded,  the  city  shall  have  the 
right  to  proceed  with  such  grading  or  re-grading,  notwith¬ 
standing  the  filing  of  exceptions  to  such  award,  and  any  sub¬ 
sequent  proceedings  shall  only  effect  the  amount  of  compensa¬ 
tion  to  be  paid. 


ARTICLE  VIII. 


Public  Improvements. 

Section  1.  The  city  shall  have  power  to  acquire  and 
cause  to  be  made,  all  public  improvements  designated  in  this 
article,  to  pay  therefor,  in  whole  or  in  part,  out  of  the  general 
fund,  or  in  whole  or  in  part  by  special  assessments,  and  to  make 
and  levy,  assess  and  collect  special  assessments  to  pay  therefor, 
and  to  issue  special  tax  bills  to  evidence  such  assessments, 
t 

Sec.  2.  All  ordinances  and  contracts  for  all  work  au¬ 
thorized  to  be  done  by  this  article  shall  specify  how  the  same 
is  to  be  paid  for,  and  in  case  payment  is  to  be  made  to  the  con¬ 
tractor  in  special  tax  bills,  the  city  shall  in  no  event,  nor  in 
any  manner,  be  liable  for  or  on  account  of  the  work.  All  city 
improvements  of  whatever  kind  or  character,  made  or  to  be 
constructed  at  the  expense  of  the  city,  including  all  work  to 
be  paid  for  in  special  tax  bills,  except  as  in  this  charter  pro¬ 
vided  otherwise,  shall  be  let  by  contract  to  the  lowest  and  best 
bidder;  provided ,  however,  that  nothing  in  this  section  shall 
be  so  construed  as  to  prevent  repair  by  day’s  work  of  streets, 
alleys  and  other  public  places,  curbing,  sewers,  culverts,  build¬ 
ings  or  other  city  property  so  far  as  may  be  necessary  under 
the  direction  of  the  Board  of  Public  Works. 

In  specifying  the  character  of  the  materials1  for,  or  mode 
of  construction  of  the  pavements  or  roadways,  or  the  construc¬ 
tion  of  curbing  or  sidewalks,  the  city  shall  not  limit  the  ma¬ 
terials  to  be  used  to  those  taken  from  any  specific  place,  mine 
or  quarry,  or  to  the  material  of  any  particular  owner  or  manu¬ 
facturer,  or  to  any  patented  process  or  material,  but  the  Board 
of  Public  Works  may  arrange  plans  and  specifications  for  bids 
in  such  manner  as  to  permit  any  such  materials  to  enter  into 
competition,  and  any  contract  made  with  the  lowest  and  best 
bidder  under  such  p^ans  and  specifications,  if  confirmed  by  or¬ 
dinance,  shall  be  valid. 

The  boad  may  reject  any  and  all  bids. 

Sec.  3.  All  proceedings  to  improve  streets,  avenues,  alleys, 
sidewalks  and  public  highways  of  every  character,  and  parts 
thereof,  within  the  city,  by  grading,  re-grading  the  same,  pav¬ 
ing  or  re-paving  the  same,  with  any  material,  macadamizing 
or  re-macadamizing  or  oiling  the  same,  constructing  or  recon¬ 
structing  the  same,  curbing  or  re-curbing  the  same,  guttering 


Ill 


or  re-guttering  the  same,  or  repairing  the  same,  constructing 
bridges,  viaducts,  tunnels,  subways  or  cuts  on  or  along  oir 
under  the  same  and  the  maintenance  and  repair  of  any  or  all 
of  such  improvements  during  a  stated  term  of  years,  and  by 
-sodding,  re-sodding  and  the  planting  or  re-planting  of  trees  and 
maintaining  them  for  a  term  of  years  along  the  same,  or  along 
any  part  thereof,  excepting  boulevards  under  park  commission¬ 
ers,  or  a  proceeding  for  constructing  or  reconstructing  public, 
district  or  joint  district  sewers,  shall  be  begun  by  the  adoption 
of  a  resolution  by  the  Board  of  Public  Works,  which  resolution 
shall  state  the  nature  of  the  improvement  and  when  the  same 
is  to  be  paid  for  in  whole  or  in  part  in  special  tax  bills,  the 
method  of  making  assessments  to  pay  therefor. 

After  the  adoption  of  any  such  resolution  the  Board  of 
Public  Works  shall,  by  order,  fix  a  day  upon  which  a  hearing 
in  respect  to  such  improvement  shall  be  had,  which  day  shall 
be  within  thirty  days  after  the  date  when  such  order  is  made, 
and  shall  cause  to  be  published  for  ten  days  in  the  newspaper 
at  the  time  doing  the  city  printing,  and  if  there  be  no  such 
paper,  then  in  any  other  newspaper  published  in  the  city,  a 
notice  directed  to  the  property  owners  interested  in  the  im¬ 
provement  without  naming  them,  which  notice  shall  recite  the 
substance  of  the  resolution  and  that  a  hearing  will  be  had  by 
the  said  board  at  their  office  concerning  the  proposed  improve¬ 
ment,  and  the  date  upon  which  the  hearing  shall  be  had. 

On  the  date  fixed  for  such  hearing  any  and  all  property 
owners  interested  in  such  improvement  may,  by  written  peti¬ 
tion,  or  otherwise,  present  their  views  in  respect  to  the  pro¬ 
posed  improvement  to  the  said  board,  and  the  said  board  may 
adjourn  the  hearing  from  time  to  time.  After  such  hearing, 
if  the  said  board  shall  determine  that  it  is  not  for  the  public 
interest  that  the  proposed  improvement,  or  a  part  thereof,  be 
made  and  paid  for,  either  out  of  the  general  fund  or  by  any 
method  of  assessment,  they  shall  make  an  order  to  that  effect, 
and  thereupon  the  proceeding  for  the  improvement,  or  part 
thereof  determined  against  by  such  order,  shall  stop  and  shall 
not  be  begun  again  until  the  adoption  of  a  new  resolution. 

In  case  the  improvement  or  part  thereof  consists  of  pav¬ 
ing  or  re-paving,  macadamizing  or  re-macadamizing  the  road¬ 
way  of  a  street,  avenue,  alley  or  part  thereof,  which  shall  not 
have  been  found  and  declared  to  be  used  and  occupied  for  busi¬ 
ness  purposes,  as  hereinafter  specified,  and  the  resident  owners 
of  the  city  owning  a  majority  of  the  front  feet  of  all  the  lands 
belonging  to  such  residents  and  fronting  on  the  street,  avenue, 
alley  or  part  thereof  to  be  paved  or  macadamized,  shall  file 
with  the  said  board,  on  or  before  the  day  fixed  for  such  hearing, 


112 


a  remonstrance  against  such  paving  or  macadamizing,  the  power 
of  the  board  to  make  the  improvement  shall  cease  for  the  period 
of  six  months  from  the  date  of  the  filing  of  such  remonstrance, 
after  the  lapse  of  which  period  the  proceeding  may  be  begun 
by  the  adoption  of  a  new  resolution. 

In  case  the  proposed  improvement  consists  of  paving  or 
re-paving,  macadamizing  or  re-macadamizing  as  aforesaid,  then, 
in  that  event,  upon  the  unanimous  recommendation  of  the  Board 
of  Public  Works,  if  each  house  of  the  common  council  shall, 
by  ordinance,  find  and  declare  by  a  vote  of  two-thirds  of  the 
members-elect  of  each  house  that  the  street,  avenue,  alley,  pub¬ 
lic  highway,  or  part  thereof  on  which  the  proposed  improve¬ 
ment  is  to  be  made  is  used  or  occupied  for  business  purposes, 
and  that  the  improvement  has  been  unanimously  recommended 
by  the  Board  of  Public  Works,  such  finding  and  declaration 
shall  be  final  and  conclusive  for  all  purposes,  and  no  special 
tax  bills  that  may  be  issued  to  pay  for  the  work  shall  be  held 
invalid  or  affected  for  the  reason  that  the  work  for  which  they 
may  have  been  issued  was  not  unanimously  recommended  by 
the  Board  of  Public  Works,  or  that  such  street,  avenue,  alley, 
public  highway  or  part  thereof  was  not  in  fact  used  or  occu¬ 
pied  for  business  purposes,  and  the  improvement  shall  proceed 
regardless  of  any  remonstrance. 

After  the  expiration  of  the  respective  periods  during  which 
an  improvement  may  be  arrested,  as  aforesaid,  a  proceeding 
may  be  begun  and  carried  forward  for  the  improvement  so  de¬ 
termined  against  or  remonstrated  against  as  though  no  former 
proceedings  had  been  begun.  If  no  such  determination  against 
the  improvement  is  made,  or  if  only  a  part  of  the  proposed  im¬ 
provement  be  determined  against  by  said  board,  the  said  board 
shall  adopt  and  perfect  plans  and  specifications  for  the  proposed 
improvement  not  determined  against,  or  for  an  improvement 
of  the  same  general  nature,  including,  if  they  deem  proper, 
provisions  for  the  maintenance  thereof  for  a  stated  period,  and 
in  case  a  macadam  or  gravel  street  roadway  pavement  is  pro¬ 
vided  for,  there  may  be  included  as  an  essential  part  of  the  main¬ 
tenance  thereof  specifications  for  the  rolling  and  oiling  of  such 
pavement  at  intervals  during  a  stated  period. 

After  the  passing  of  such  resolution  and  the  adoption  of 
such  plans  and  specifications,  the  Board  of  Public  Works  shall 
advertise  for.  bids  for  the  doing  of  the  work  by  publication  for 
not  less  than  five  days,  and  shall  let  the  contract  to  the  lowest 
and  best  bidder  therefor,  and  shall  cause  the  contract  so  let  to 
be  formally  executed  by  the  contractor  and  by  said  board  on 
behalf'  of  the  city,  and  the  same,  before  it  shall  be  binding  and 
effective,  shall  be  ratified,  approved  and  confirmed  by  an  or- 


113 


dinance  of  the  said  city,  as  hereinafter  specified,  and  when  so 
ratified,  approved  and  confirmed  shall  in  all  respects  be  consid¬ 
ered  and  held  to  have  been  authorized  by  the  city. 

The  Board  of  Public  Works,  at  any  time  before  any  con¬ 
tract  is  so  ratified,  approved  and  confirmed,  may  rescind  by  an 
order  entered  on  the  records  of  said  board,  the  action  of  said 
board  in  signing  said  contract  in  behalf  of  the  city,  and  there¬ 
upon  all  proceedings  had  in  relation  to  such  proposed  improve¬ 
ment  shall  be  null  and  void.  The  city  shall  have  power,  by  or¬ 
dinance,  for  any  good  cause,  to  extend  the  time  of  the  begin¬ 
ning  or  of  the  completion  of  the  work  under  any  such  contract, 
and  an  ordinance  of  the  city  purporting  to  extend  the  time 
therefor,  shall  be  conclusive  evidence  of  the  existence  of  good 
cause  for  such  extension.  But  all  such  ordinances  for  exten¬ 
sions  must  have  endorsed  thereon  the  approval  of  the  Board 
of  Public  Works;  and  said  board  shall  not  endorse  said  ap¬ 
proval  until  the  city  engineer  shall  file  with  said  board  his  veri¬ 
fied  certificate  stating  the  reasons  for  granting  such  extension, 
and  that  said  extension  is  made  in  good  faith  for  the  reason 
therein  specified,  and  for  none  other. 

The  ordinance  ratifying,  approving  and  confirming  the  con¬ 
tract  as  above  provided  for,  shall  also  provide  for  and  author¬ 
ize  the  improvement,  and  shall  state  the  nature  of  the  improve¬ 
ment,  and  this  may  be  done  by  a  reference  to  the  plans  and 
specifications  therefor,  and  such  ordinance  shall  state  how  the 
cost  thereof  shall  be  paid ;  that  is,  whether  the  cost  thereof  is 
to  be  paid  by  the  issuance  of  special  tax  bills,  or  out  of  the 
general  fund,  or  whether  by  one  method  or  the  other,  in  whole 
or  in  part,  and  if  by  the  issuance  of  special  tax  bills,  how  the 
assessments  therefor  shall  be  made  and  levied.  The  said  board 
shall  endorse  their  approval  on  the  ordinance.  The  common 
council  may  amend  such  ordinance  by  altering  the  limits  of  a 
proposed  benefit  district  in  all  cases  where  the  dimensions  and 
boundaries  of  such  district  are  not  specifically  defined  by  this 
charter,  but  may  not  make  any  other  amendment,  and  shall  pass 
or  reject  the  same. 

When  the  cost  of  the  whole  or  any  part  of  the  improve¬ 
ments  referred  to  in  this  section  is  to  be  paid  by  special  tax  bills 
evidencing  assessments  against  lands,  such  assessments  shall  be 
made,  levied  and  assessed  according  to  one  of  the  methods  in 
this  article  prescribed.  Such  method  shall  be  specified  in  the 
resolution  of  the  Board  of  Public  Works  and  also  in  the  or¬ 
dinance  confirming  the  contract  for  doing  the  work.  In  mak¬ 
ing  assessments  to  pay  for  work  other  than  for  grading  or  re¬ 
grading,  and  other  than  for  constructing  district  sewers  and 
joint  district  sewers,  the  Board  of  Public  Works  shall  compute 


114 


the .  cost  thereof  and  apportion  the  same  among  the  several 
tracts  or  parcels  of  land  to  be  charged  therewith,  and  charge 
each  lot  or  parcel  of  land  with  its  proper  share  of  such  cost 
according  to  the  frontage  of  such  land  on  the  street,  avenue, 
alley  or  highway,  or  part  thereof,  named  in  the  contract  for  the 
doing  of  the  work.  In  making  assessments  for  special  tax  bills 
to  pay  for  grading  or  re-grading  any  street,  sidewalk,  avenue, 
or  public  highway,  or  part  thereof,  the  city  assessor  shall,  on 
demand  of  the  Board  of  Public  Works,  cause  an  assessment 
to  be  made  of  the  value  of  all  the  lands  to  be  charged  with  the 
cost  of  such  grading  or  re-grading,  exclusive  of  the  improve¬ 
ments  thereon,  and  shall  deliver  such  assessment  to  the  Board 
of  Public  Works,  who  shall  compute  the  cost  of  such  grading 
or  re-grading  and  apportion  such  cost  among  the  several  lots 
or  parcels  of  land  to  be  charged,  according  to  the  value  thereof, 
fixed  by  the  city  assessor  as  aforesaid,  and  charge  each  lot  or 
parcel  of  land  with  its  proper  share  of  such  cost. 

When  the  work  of  grading  or  re-grading  streets,  avenues 
or  public  highways  is  to  be  paid  for  in  special  tax  bills,  the  cost 
shall  be  apportioned  and  paid  as  follows:  The  cost  of  all 
grading,  including  the  grading  of  sidewalks,  shall  be  charged 
as  a  special  tax  on  all  lands  on  both  sides  of  the  street,  avenue 
alley  or  public  highway,  or  part  thereof,  graded,  with  in  the  fol¬ 
lowing  limits,  viz. :  In  case  the  land  fronting  on  the  street,  avenue 
or  public  highway,  or  part  thereof,  graded,  be  laid  off  in  lots 
or  blocks,  property  so  laid  off  from  the  line  of  the  street,  ave¬ 
nue  or  public  highway,  or  part  thereof,  graded,  back  to  the  cen¬ 
ter  line  of  the  block  or  blocks,  shall  be  so  charged,  whether 
fronting  on  the  street,  avenue  or  public  highway  or  not ;  never¬ 
theless,  the  common  council  shall  have  power  by  ordinance  to 
prescribe  that  such  lands  shall  not  be  charged  beyond  the  alleys 
in  such  blocks,  if  deemed  just  and  equitable,  and  in  case  any 
land  fronting  on  such  street,  avenue  or  'public  highway,  or  part 
thereof,  graded,  be  not  laid  off  into  lots  or  blocks,  then  the 
land  not  so  laid  off,  and  the  land  in  the  rear  thereof  on  the 
line  of  the  street,  avenue  or  public  highway,  or  part  thereof, 
graded,  back  one  hundred  and  fifty  feet,  shall  be  so  charged, 
whether  fronting  on  the  street  or  not;  and  land  liable  for  such 
*  grading  shall  be  charged  according  to  the  value  thereof,  ex¬ 
clusive  of  improvements  thereon,  as  herein  provided;  and  in 
case  of  question  on  the  part  of  the  assessor  or  Board  of  Public 
Works  as  to  whether  any  lands  fronting  on  the  street,  avenue 
or  public  highway,  or  part  thereof,  be  laid  off  into  lots  or  blocks, 
or  not,  within  the  meaning  of  this  section,  the  common  council 
shall,  on  the  request  of  the  assessor  or  Board  of  Public  Works, 
in  making  out  special  tax  bills  and  charging  the  lands  for  such 


& 


115 


grading,  determine  whether  or  not  any  particular  land  or  lands 
fronting  on  the  street,  avenue,  public  highway,  or  part  thereof, 
graded,  be  laid  off  or  not  into  lots  or  blocks  within  the  mean¬ 
ing  of  this  section,  and  such  determination  shall  be  conclusive 
on  all  parties  interested  for  all  purposes.  The  cost  of  all  work 
on  any  sidewalk,  including  curbing  and  guttering  along  the  side 
thereof,  exclusive  of  the  grading  of  the  same,  shall  be  charged 
as  a  special  tax  upon  the  adjoining  lands  according  to  the  front¬ 
age  thereof  on  the  sidewalk.  The  cost  of  all  work  mentioned 
in  this  section  of  this  article  done  on  spaces  fronting  on  any 
other  street,  avenue,  alley  or  public  highway,  shall  be  deemed 
part  of  the  costs  of  work  done  on  other  spaces  under  the  same 
ordinance  and  contract,  and  be  charged  and  paid  for  accord- 
ingly.  _ 

In  making  out  special  tax  bills  against  corner  lots  for  work 
on  sidewalks,  other  than  grading,  and  for  work  of  curbing, 
they  shall  be  charged  for  work  on  both  fronts  and  on  the  out¬ 
side  corners.  A  single  contract  may  be  let  and  entered  into 
to  do  various  kinds  of  work  when  payment  is  to  be  made  there¬ 
for  in  special  tax  bills,  and  when  any  kind  of  work  shall  be 
fully  completed,  tax  bills  therefor  may  be  issued;  but  in  case 
of  a  general  contract  for  repairs,  as  provided  in  Section  16  of 
this  article,  tax  bills  may  be  issued  from  time  to  time  as  sep¬ 
arate  jobs  of  repairing  may  be  done. 

Sec.  4.  The  Board  of  Public  Works  is  invested  with 
power  to  determine  whether  any  improvement  constructed  un¬ 
der  a  contract  with  the  city  has  been  completed  in  accordance 
with  the  terms  of  the  contract  therefor,  and  to  accept  such  im¬ 
provement  on  the  part  of  the  city,  and  to  determine  the  amount 
of  the  liquidated  damages,  if  any,  to  be  paid  by  the  contractor 
in  accordance  with  the  terms  of  the  contract  therefor,  for  fail¬ 
ure  to  comply  with  the  contract,  and  to  ascertain,  in  case  the 
cost  or  part  thereof  is  to  be  paid  in  special  tax  bills,  the  amount 
that  each  tract  of  land  shall  be  assessed  or  charged  for  the  pay¬ 
ment  of  the  cost  of  such  work. 

The  board  shall  at  the  time  of  accepting  any  improvement 
on  the  part  of  the  city,  make  an  order  or  orders,  by  which  they 
shall  accept  such  improvement  and  determine  the  price  thereof 
to  be  paid  the  contractor,  and  make  and  levy  an  assessment 
against  the  tracts  of  land,  exclusive  of  improvements,  to  be  as¬ 
sessed  to  pay  therefor,  the  aggregate  of  which  assessments  shall 
equal  the  amount  of  the  cost  of  such  Work  to  be  paid  in  special 
tax  bills;  and  said  board  shall  issue  and  deliver  to  the  con¬ 
tractor,  or  to  his  assignee,  tax  bills  to  be  dated  the  day  when 
such  tax  bills  and  apportionment  are  certified  to  the  city  treas- 


116 


urer  in  payment  of  the  price  of  such  improvement  to  be  paid 
for  by  special  tax  bills. 

Sec.  5.  The  general  sewer  system  of  the  city  shall  be 
divided  into  four  classes,  to-wit:  Public,  district,  joint  district 
and  private  sewers.  The  city  may,  by  ordinance,  find  and  de¬ 
termine  the  class  to  which  any  sewer  belongs,  and  the  finding 
and  determination  of  the  city  in  that  respect  shall  be  final  and 
conclusive. 

Sec.  6.  Public  sewers  shall  be  established  and  constructed 
at  such  times,  to  such  extent,  and  of  such  dimensions  and  ma¬ 
terials  as  may  be  approved  by  the  Board  of  Public  Works,  and 
under  such  regulations  as  may  be  provided  by  ordinance,  and 
these  may  be  extensions  or  branches  of  sewers  already  con¬ 
structed,  or  to  be  constructed,  or  entirely  new  throughout,  as 
may  be  deemed  expedient.  Public  sewers  shall  be  paid  for  out 
of  the  general  fund  of  the  city;  provided,  however,  that  if  in 
the  construction  of  any  public,  district,  or  joint  district  sewer 
the  bed  or  channel  of  any  natural  stream  or  water  course  is  re¬ 
claimed  and  made  valuable  to  the  owners  thereof,  or  real  prop¬ 
erty  subject  to  overflow  is  reclaimed  therefrom,  in  whole  or 
in  part,  and  made  valuable  to  the  owners  thereof,  or  real  prop¬ 
erty  adjoining  such  public  sewer  is  otherwise  specially  bene¬ 
fited,  then  the  common  council  may  provide  that  such  real  prop¬ 
erty,  or  any  of  it,  shall  be  assessed  for  such  special  benefits,  and 
the  funds  derived  therefrom  shall  be  used  and  applied  toward 
the  cost  and  construction  of  such  public,  district  or  joint  dis¬ 
trict  sewer.  Such  proceeding  and  assessment  may  be  made  and 
collected  in  such  manner  as  may  be  provided  by  ordinance. 

Sec.  7.  District  sewers  shall  be  constructed  or  recon¬ 
structed  within  the  limits  of  the  districts  heretofore  or  here¬ 
after  established  by  ordinance,  as  the  case  may  be.  Any  sewer 
district  heretofore  or  hereafter  established  may  be  subdivided, 
enlarged  or  changed  by  ordinance  at  any  time  previous  to  the 
construction  of  any  district  sewer  therein.  But  no  such  dis¬ 
trict  shall  be  subdivided,  enlarged  or  changed  after  a  district 
sewer  shall  have  been  constructed  therein.  The  city  may,  with 
the  approval  of  the  Board  of  Public  Works,  from  time  to  time, 
cause  a  district  sewer  or  sewers  to  be  constructed  or  recon¬ 
structed  in  any  sewer  district  heretofore  or  hereafter  estab¬ 
lished,  and  such  sewer  or  sewers  shall  be  as  shall  be  prescribed 
by  the  Board  of  Public  Works  and  confirmed  as  herein  re¬ 
quired  by  ordinance.  Any  district  sewer  heretofore  or  here¬ 
after  constructed,  may  be  changed,  diminished,  enlarged  or  ex¬ 
tended.  and  shall  have  such  laterals,  inlets  and  other  appurte- 


117 


nances  as  may  be  prescribed  by  the  Board  of  Public  Works  and 
confirmed  by  ordinance.  As  soon  as  the  work  of  constructing, 
changing,  diminishing,  enlarging  or  extending  any  district 
sewer  shall  have  been  completed  under  a  contract  let  for  the 
purpose,  the  Board  of  Public  Works  shall  compute  the  whole 
cost  thereof,  and  apportion  and  charge  the  same  as  a  special 
tax  against  the  lots  of  land  in  the  district,  exclusive  of  the  im¬ 
provements,  and  in  the  proportion  that  their  respective  areas 
bear  to  the  area  of  the  whole  district,  exclusive  of  the  streets,  ave¬ 
nues,  alleys  and  public  highways,  and  shall,  except  as  in  this 
article  provided,  make  out  and  certify  in  favor  of  the  contractor  or 
contractors  to  be  pa:d,  special  tax  bills  for  the  amount  of  the 
special  tax  against  each  lot  or  parcel  of  land  in  the  district.  The 
city  shall  in  no  event,  nor  in  any  manner  whatever,  be  liable 
for  or  on  account  of  the  cost  of  work  done  in  constructing, 
changing,  diminishing,  enlarging  or  extending  any  district 
sewer,  except  as  in  this  article  provided. 

Sec.  8.  Whenever  the  city  may  deem  it  necessary  that  a 
sewer  should  be  constructed  or  reconstructed  in  any  part  of 
the  city  containing  two  or  more  sewer  districts  it  may,  by  or¬ 
dinance,  unite  such  sewer  districts  into  a  joint  sewer  district 
and  cause  a  sewer  to  be  constructed  therein  in  like  manner  in 
all  respects  as  is  provided  in  Section  seven  (7)  of  this  article 
in  cases  of  district  sewers-,  except  in  cases  of  joint  district  sew¬ 
ers  the  city  may,  if  deemed  proper,  provide  in  the  ordinance 
creating  such  joint  district  sewer  that  the  city  shall  pay  a  cer¬ 
tain  sum  to  be  specified  in  said  ordinance,  toward  the  payment 
of  the  cost  of  such  joint  district  sewer;  and  should  the  common 
council,  by  ordinance,  unite  two  or  more  sewer  districts  into  a 
joint  sewer  district  for  the  purpose  of  constructing  a  joint  dis¬ 
trict  sewer  therein,  the  action  of  the  common  council  shall  be 
conclusive  for  all  purposes,  and  no  special  tax  bills  shall  be 
held  invalid  or  be  affected  on  account  of  the  included  drainage 
area  thereof,  or  the  size,  character  and  purpose  of  such  sewer; 
provided,  however,  that  no  sewer  district  shall  be  included  in 
such  joint  district  which  is  not  included  in  the  natural  drainage* 
area  of  the  valley  or  water  course  in  which  the  joint  district 
sewer  is  proposed  to  be  constructed.  The  contract  for  the  con¬ 
struction  of  such  sewer  shall  specify  that  the  city  shall  be  liable 
for  the  sum  so  specified  to  be  paid  by  the  city,  and  that  the  re¬ 
mainder  of  the  cost  thereof  shall  be  paid  in  special  tax  bills,  to 
be  issued  in  any  manner  that  is  or  may  be  provided  for  the 
issuing  of  tax  bills  for  the  construction  of  sewers. 

Sec.  9.  Private  sewers  may  -be  constructed  under  such  reg¬ 
ulations,  specifications  and  restrictions  as  may  be  provided  by 


118 


the  board  of  public  works,  but  the  city  shall  be  at  no  expense 
in  the  construction  or  repairing  of  the  same.  Whenever  land 
outside  of  the  city  limits  is  occupied,  the  board  of  public  works 
may  allow  such  property  to  be  connected  with  a  sewer  inside  the 
city  limits  under  such  regulations  and  upon  such  compensation 
as  it  may  determine,  and  all  such  compensation  shall  be  expended 
only  for  the  benefit  of  the  district  or  districts  which  have  con¬ 
tributed  to  the  cost  of  the  sewer  with  which  such  connection  shall 
have  been  made.  * 

Sec.  10.  Whenever  the  city  shall  deem  it  necessary  it  may, 
by  ordinance,  provide  for  the  construction  within  or  without  the 
limits  of  the  city  for  septic  sewer  tanks  or  other  sewer  reduction 
devices  for  the  purpose  of  purifying  the  discharge  from  any  pub¬ 
lic,  district  or  joint  district  sewer,  or  outlet  thereof;  the  cost 
of  such  septic  sewer  tanks  or  devices  may  be  paid  for  in  part  or 
in  whole  out  of  the  general  fund,  or  in  case  of  a  district  or 
joint  district  sewer,  or  outlet  therefor,  in  part  or  in  whole,  in 
special  tax  bills,  as  a  part  of  the  cost  of  constructing  or  extend¬ 
ing  the  district  or  joint  district  sewer,  or  outlet  therefor,  as  may 
be  designated  by  ordinance  providing  therefor. 

In  grading  or  constructing  any  street,  avenue,  boulevard, 
alley  or  public  highway,  or  part  thereof,  the  work  may  be  pro¬ 
tected  from  running  or  surface  water  by  drains  or  culverts  upon 
the  order  of  the  board  of  public  works,  or  by  the  board  of  park 
commissioners,  as  the  case  may  be,  as  may  be  provided  by  ordi¬ 
nance,  and  the  same  may  be  closed,  removed,  or  altered  at  will. 

Sec.  11.  All  special  tax  bills  provided  for  by  this  charter, 
shall  be  made  out  in  favor  of  the  contractor  to  be  paid,  or  his 
assignee,  or  to  the  city,  as  the  case  may  be,  and  shall  be  certified  by 
the  president  of  the  board  of  public  works,  or  in  his  name,  by  any 
person  or  persons  by  the  said  board  thereto  authorized  by  reso¬ 
lution  recorded  on  the  records  of  said  board ;  and  said  board  shall 
deliver  such  tax  bills  to  the  party  in  whose  favor  made  out,  or 
his  assignee,  and  take  the  receipt  of  such  party  therefor  in  full 
of  all  claims  against  the  city  on  account  of  the  work  for  which 
such  tax  bills  have  been  made  out. 

Sec.  12.  All  computations,  apportionments  or  assessments 
required  by  this  article  to  be  made  by  the  board  of  public  works 
shall  be  held  to  be  properly  made  when  the  same  are  approved 
by  said  board. 

Sec.  13.  After  any  contract  for  a  public  improvement  has 
become  binding  upon  the  parties  thereto,  the  city  shall  have 


119 


power,  without  regard  to  whether  the  cost  of  the  improvement 
contracted  for  is  to  be  paid  out  of  the  general  fund  or  in  special 
tax  bills,  to  provide  by  ordinance  on  recommendation  of  the 
board  of  public  works  that  a  certain  part  of  the  improvement 
contracted  for  may  be  omitted  and  that  the  contract  for  the 
improvement  be  modified  to  that  extent,  which  ordinance  shall 
provide  a  reasonable  deduction  in  the  price  of  the  improvement 
by  reason  of  such  omission,  but  no  such  ordinance  shall  be  ap¬ 
proved  by  the  Mayor  or  become  a  law  until  the  contractor  and 
his  sureties  consent  in  writing  to  the  terms  of  such  ordinance. 
Such  omission  shall  not  affect  the  validity  of  the  assessments  or 
the  special  tax  bills  issued  for  the  work  actually  performed. 

Sec.  14.  The  city  is  hereby  authorized,  by  ordinance  to 
provide,  that  the  board  of  public  works  may  construct  or  recon¬ 
struct  the  paving,  sidewalks,  guttering,  or  curbing,  or  may  maim 
tain  and  repair  the  same,  or  may  grade  or  regrade  any  portion  of 
a  street,  avenue,  alley  or  other  public  highway,  within  the  city, 
without  letting  a  contract  for  the  same.  In  case  of  gravel  or 
macadem  roadway,  maintenance  and  repair  as  used  in  this  sec¬ 
tion,  may  include  rolling  and  oiling  the  street.  A  resolution  shall 
be  adopted  and  published,  as  provided  in  section  three  of  this 
article,  and  the  provisions  of  section  three  of  this  article  shall 
apply  so  far  as  the  same  may  be  applicable.  The  cost  of  said 
work*  may  be  assessed  according  to  the  method  provided  in  this 
article  applicable  to  the  class  of  improvement  made,  and  the 
assessments  therefor  may  be  made  payable  as  provided  in  section 
twenty-four  hereof,  or  in  installments  as  provided  in  section 
twenty-five  hereof,  and  shall  bear  the  same  rate  of  interest  pre¬ 
scribed  in  the  respective  cases.  The  city  is  authorized  to  cause 
the  issue  of  special  tax  bills  for  such  work  in  favor  of  Kansas 
City,  the  same  as  if  such  work  had  been  done  by  contract,  and 
may  authorize  the  city  comptroller  to  sell  and  assign  such  assess¬ 
ments  of  such  special  tax  bills  without  recourse,  upon  such  terms 
and  in  such  manner  as  may  be  provided  by  ordinance,  and  when 
such  sale  is  made,  the  city  comptroller  shall  assign  and  deliver 
said  tax  bills  to  the  purchaser  of  the  same.  The  city  is  hereby 
authorized  to  acquire  such  plant,  machinery,  and  equipment  and 
to  purchase  such  materials  as  may  be  necessary  to  perform  the 
work  specified  in  this  section. 

Sec.  15.  When  any  sidewalk,  curb  or  gutter  on  any  street 
or  avenue  is  out  of  repair,  the  board  of  public  works  may  cause 
the  same  to  be  put  in  good  and  substantial  repair  and  pay  the 
cost  thereof  out  of  the  fund  apportioned  to  said  board,  and  shall 
keep  an  accurate  account  of  the  cost  of  making  such  repairs  in 
front  of  and  adjacent  to  each  tract  of  land;  and  shall,  at  the 


120 


end  of  each  fiscal  year,  assess  and  charge  against  the  tract  of 
land  in  front  of  which  any  and  all  such  repairs  shall  have  been 
made  during  such  fiscal  year,  the  cost  thereof,  and  shall  certify 
to  the  city  comptroller  the  cost  of  the  repairs  made  in  front  of 
and  adjacent  to  each  tract  of  land  fronting  or  abutting  upon 
the  sides  of  the  street  or  avenue  on  which  such  repairs  were  made, 
giving  a  description  of  each  tract  of  land  so  charged,  with  suffi¬ 
cient  accuracy  to  identify  the  same,  and  the  amount  of  the  assess¬ 
ment  against  the  same,  and  thereupon  the  city  comptroller  shall 
place  the  amount  so  charged  on  the  land  tax  book  for  the  next 
fiscal  year,  which  assessment  shall  be  a  lien  upon  the  property  so 
charged  from  the  date  of  the  receipt  of  such  land  tax  book  by  the 
city  treasurer,  which  assessment  shall  be  subject  to  the  same 
penalties  and  shall  be  collected  by  the  City  Treasurer  in  the  same 
manner  as  general  taxes  are  collected,  except  that  no  rebate  shall 
be  deducted'  or  allowed  from  said  assessments  in  case  the  same 
are  paid  before  the  time  fixed  in  this  charter  when  general  city 
taxes  become  due. 

And  such  assessments  shall  become  delinquent  and  bear  the 
same  rate  of  interest  and  penalties  and  in  default  of  payment  of 
such  assessments  against  any  tract  of  land,  a  sale  thereof  shall 
be  made  by  the  same  officers  and  with  the  same  powers  and  in 
similar  manner  and  on  similar  notice  and  at  such  times,  as 
though  such  assessment  was  a  duly  assessed  and  levied  general 
city  tax  against  real  estate;  and  all  provisions  of  this  charter 
relative  to  the  redemption,  sale  and  conveyance  of  lands  for  city 
taxes  and  the  rights  of  purchasers  thereof,  and  the  powers  of 
city  officers  shall  apply  so  far  as  applicable  to  the  redemption, 
sale  and  conveyance  of  lands  to  enforce  the  collection  of  such 
assessment.  Such  assessments  when  collected  by  the  City  Treas¬ 
urer,  shall  be  credited  to  the  fund  from  which  the  money  was- 
paid  by  said  board. 

Sec.  16.  The  city  may  cause  the  driveway  portions  of  any 
street,  avenue,  alley,  public  highway,  or  part  thereof,  to  be  main¬ 
tained  and  kept  in  repair,  and  may  contract  therefor  for  a  period 
of  time  not  to  exceed  three  years,  and  pay  therefor  out  of  the 
general  fund,  or  by  issuing  special  tax  bills  as  herein  provided. 
When  it  is  proposed  to  pay  for  such  work  by  the  issue  of  special 
tax  bills  a  proceeding  therefor  shall  be  begun  and  conducted  to  a 
final  conclusion,  from  the  adoption  of  a  resolution  therefor  to  the 
acceptance  and  payment  of  the  cost  of  the  work  by  the  issuance 
and  collection  of  special  tax  bills  in  the  same  manner  as  is  pro¬ 
vided  in  regard  to  similar  improvements  mentioned  in  section 
three  of  this  article.  In  case  the  highway  to  be  maintained  and 
repaired  is  a  macadem  or  gravel  roadway,  the  specifications  there¬ 
for  may  include  the  rolling  and  oiling  of  such  street  at 


121 


intervals  as  an  essential  part  of  the  maintenance  and  repair  there¬ 
of.  The  cost  of  such  work,  when  not  to  be  paid  for  out  of  the 
general  fund,  shall  be  assessed  and  levied  against  the  tracts  of 
land  abutting  on  the  highway  or  part  thereof  required  by  the 
contract  to  be  maintained  or  repaired  according  to  the  frontage 
of  the  property  on  the  highway  or  part  thereof,  named  ,in  the 
contract  for  doing  the  work,  and  tax  bills  shall  be  issued  against 
each  tract  of  land  for  its  proportionate  share  of  the  cost,  which 
tax  bills,  unless  otherwise  provided  by  ordinance,  shall  be  issued 
within  sixty  days  after  the  end  of  each  calendar  year  during  the 
continuance  of  such  contract  as  payment' in  full  for  all  work  done 
under  the  contract  during  such  calendar  year,  and  shall  be  pay¬ 
able  within  thirty  days  after  the  date  of  issue  thereof  without 
interest,  and  if  not  so  paid,  shall  bear  interest  at  the  rate  of  seven 
per  cent  per  annum  for  the  first  year,  and  eight  per  cent  per 
annum  thereafter  until  paid.  Every  such  tax  bill  shall  be  a  lien 
on  the  lands  against  which  it  is  issued,  and  the  provisions  of  this 
article  relating  to  special  tax  bills,  except  the  section  relating  to 
special  tax  bills,  payable  in  installments,  shall  so  far  as  appli¬ 
cable,  and  not  in  conflict  with  the  provisions  herein  contained, 
apply  to  tax  bills  issued  under  this  section. 

Sec.  17.  Any  notice,  advertisement,  or  publication  required 
by  this  charter  to  be  published,  shall  be  held  to  be  well  given, 
made  and  published,  when  the  same  is  published  for  the  required 
number  of  days  in  the  newspaper  doing  the  city  printing  on  the 
day  of  the  first  publication  of  said  notice.  In  computing  the 
number  of  days  during  which  the  publication  is  made,  Sundays 
and  legal  holidays  and  all  calendar  days  between  the  first  2nd 
last  publication,  shall  be  included  and  counted  whether  or  not  the 
paper  is  published  on  such  days. 

Sec.  18.  Unless  otherwise  heretofore  or  hereafter  specifi¬ 
cally  provided  by  ordinance,  the  width  of  every  sidwalk,  includ¬ 
ing  the  top  of  curb,  shall  be  one-fifth  of  the  entire  width  of  the 
street  or  avenue  of  which  it  is  a  part,  and  on  each  side  of  every 
street  or  avenue  in  the  city  a  sidewalk  of  that  width  is  hereby 
established.  The  one-third  of  that  width  adjoining  the  curb 
line  between  such  line  and  the  property  line  on  all  sidewalks 
hereafter  improved,  unless  differently  provided  by  ordinance, 
shall  be  used  as  a  tree  planting  area.  But  the  city  may,  by  ordi¬ 
nance,  establish  a  different  width  of  sidewalk  on  any  highway  at 
any  time  and  may,  by  ordinance,  designate  the  character  and 
extent  of  the  use  and  improvement  of  any  and  all  sidewalks. 

Provided,  however,  that  should  any  territory  be  added  to 
the  corporate  limits  of  the  city  subsequently  to  the  time  when 
this  charter  takes  effect,  the  width  of  the  roadway  in  every  street 


122 


or  avenue  in  such  added  territory  shall  be  twenty-six  (26)  feet, 
being  thirteen  (13)  feet  on  each  side  of  the  center  line  of  every 
such  street  or  avenue.  The  remaining  portion  of  every  such 
street  or  avenue  shall  be  sidewalk,  including  the  width  of  the 
curb.  But  a  roadway  of  different  width  may  be  established  at 
any  time  by  ordinance  on  any  street  or  avenue  in  the  territory 
so  added  to  the  city. 

Sec.  19.  Contracts  for  making  city  improvements  on 
streets,  sidewalks,  avenues  or  alleys  or  for  constructing  sewers, 
let  to  the  lowest  and  best  bidder,  shall  contain  a  convenant  on 
the  part  of  the  contractor  or  contractors  with  the  city,  to  pay 
for  the  work  and  labor  of  all  laborers,  subcontractors,  and  team¬ 
sters,  teams  and  wagons  employed  on  the  job,  and  for  all  mater¬ 
ials  used  therein,  and  performance  of  such  covenant  shall  be 
guaranteed  by  good  and  sufficient  sureties  signing  the  contract, 
whose  sufficiency  shall  be  approved  by  the  city  comptroller,  but 
who  shall  not  be  liable  beyond  the  estimated  cost  of  the  materials 
used  and  the  labor  done  upon  the  job,  to  be  stated  in  the  con¬ 
tract;  provided,  that  the  city  shall  not  be  liable  for  the  sufficiency 
of  the  contractors  or  sureties,  nor  for  any  failure  to  comply  with 
or  irregularity  in  complying  with  this  provision.  Laboreers, 
subcontractors  and  teamsters  and  owners  of  teams  and  wagons 
who  may  do  work,  and  parties  who  may  furnish  materials  stip¬ 
ulated  for  by  any  such  contract,  may  recover  in  an  action  in  the 
name  of  the  city  for  their  use  (in  which  no  cost  shall  be  adjudged 
against  the  city,  and  all  costs  not  adjudged  against  the  defend¬ 
ant  shall  be  adjudged  according  to  equity  against  the  persons 
for  whose  use  the  suit  may  be  prosecuted),  all  money  due  them 
for  labor  and  materials,  or  either,  not  exceeding  the  estimated 
cost  of  the  labor  and  materials  as  stated  in  the  contract;  and  such 
recovery  may  be  had  against  the  contractor  and  sureties,  or 
either,  as  in  chancery;  but  it  shall  not  be  necessary  to  file  with 
the  petition  the  original  contract.  Suit  may  be  brought  for  the 
benefit  of  all  laborers,  subcontractors,  teamsters  and  owners  of 
teams  and  wagons  on  the  job,  and  for  materials  used  in  the  per¬ 
formance  thereof,  and  the  amount  due  them  to  be  ascertained 
by  the  court  or  referee,  unless  the  court  direct  an  issue  to  be 
tried  by  a  jury;  pending  the  suit,  laborers,  subcontractors,  team¬ 
sters  and  owners  of  teams  and  wagons,  and  parties  who  have 
furnished  materials  for  the  performance  of  the  contract,  not 
mentioned  in  the  petition,  whether  they  have  done  work  or  fur¬ 
nished  materials  before  or  after  the  commencement  of  the  suit, 
may  become  parties  to  the  proceedings  by  appearing  and  filing 
in  the  action  a  written  statement  of  their  demand.  Such  notice 
thereof  as  the  court  may  direct  shall  be  given  to  the  defendants, 
and  reasonable  opportunity  to  defend  shall  be  given.  The  pr£.- 


123 


ceedings  shall,  as  far  as  practicable,  be  governed  by  the  hiles 
and  principles  of  courts  of  chancery,  so  as  to  afford  speedy 
and  adequate  relief  according  to  the  spirit  and  letter  of  this  sec¬ 
tion.  Judgments  shall  be  rendered  for  the  estimated  cost  of  labor 
and  materials  as  stated  in  the  contract,  and  execution  shall  be 
awarded  and  issued  for  the  aggregate  amount  found  due  the  lab¬ 
orers,  subcontractors,  teamsters  and  owners  of  teams  and  wagons, 
and  the  parties  who  have  furnished  materials,  not  exceeding  the 
estimated  cost  in  the  contract,  which  shall  be  collected,  with  costs. 
The  money  shall,  after  paying  costs,  be  divided  and  paid  pro  rata 
among  those  for  whose  use  the  judgment  may  be  rendered.  The 
court  shall  decide  all  questions  as  to  distribution  summarily  on 
motion.  No  action  shall  be  brought  or  prosecuted  for  the  bene¬ 
fit  of  laborers,  subcontractors,  teamsters  or  owners  of  teams  and 
wagons,  or  parties  who  have  furnished  materials  on  the  contract, 
unless  the  suit  be  commenced  within  three  months  after  the 
completion  of  the  work  to  be  done  under  the  contract  and  accept¬ 
ance  thereof  by  the  city,  nor  shall  such  action  be  brought  before 
such  completion  and  acceptance,  unless  the  court  find  good  cause 
therefor  according  to  the  averments  in  the  petition.  Suits  shall 
be  brought  in  some  court  of  competent  jurisdiction  in  Jackson 
county,  if  jurisdiction  of  the  proper  parties  can  be  obtained  in 
the  county. 

Sec.  20.  The  provision  of  section  twenty-nine  (29)  of 
article  four  (IV)  of  this  charter  with  reference  to  sureties  and 
bonds  shall  apply  to  any  bond  or  contract  provided  for  in  this 
article. 

Sec.  21.  Whenever  a  remonstrance  of  property  owners 
against  public  improvements  purporting  to  be  executed  under 
the  authority  of  this  charter  is  filed  with  the  board  of  public 
works,  the  board  shall  canvass  the  same  and  determine  and  cer¬ 
tify  whether  or  not  such  remonstrance  is  legally  sufficient  under 
the  requirements  of  this  charter,  and  such  certificate  shall  be 
final  and  conclusive  as  to  the  legal  sufficiency  of  such  remon¬ 
strance,  and  the  determination  of  the  said  board  that  no  legal 
remonstrance  has  been  filed  shall  be  conclusive  of  that  fact. 

Sec.  22.  As  soon  as  the  cost  of  any  work,  payable  in  spe¬ 
cial  tax  bills,  as  in  this  article  provided,  has  been  assessed  against 
the  several  tracts  of  land  chargeable  therewith,  the  board  of 
public  works  shall,  at  the  time  of  delivering  the  tax  bills  to  the 
contractor,  or  his  assignee,  entitled  thereto,  certify  such  appor¬ 
tionment  and  assessment  to  the  City  Treasurer,  which  appor¬ 
tionment  shall  contain  the  names  of  the  owners  and  parties  in- 


124 


terested  in  the  several  tracts  of  land  affected  and  charged  there¬ 
with  who  were  such  at  the  date  when  the  work  was  accepted  by 
the  said  board,  such  names  to  be  determined  and  taken  from 
the  city  assessor’s  books  at  the  time ;  but  no  defect  or  mistake  in 
said  books,  or  in  the  description  therein  of  the  parcels  of  land, 
or  in  the  names  in  such  apportionment,  shall  impair  or  affect  the 
validity  of  the  tax  bills.  The  city  treasurer  shall,  immediately 
upon  the  receipt  of  such  apportionment,  enter  the  assessments 
therein  contained  in  appropriate  books  to  be  kept  for  that  purpose, 
showing  the  property  assessed,  the  title  and  date  of  approval  of 
the  ordinance  providing  for  the  improvement  for  which  such 
tax  bills  are  issued,  the  amount  and  date  of  the  assessment  and 
the  rate  of  interest  thereon,  which  book  shall  be  denominated, 
“Special  Tax  Record.” 

Immediately  upon  receipt  of  such  apportionment,  the  City 
Treasurer  shall  give  notice,  by  mail  or  otherwise,  as  provided  by 
ordinance,  to  the  parties  named  in 'such  apportionment,  of  the  is¬ 
suance  of  the  tax  bills  against  the  tract  of  land  in  which  they  ap¬ 
pear  to  be  interested  as  appears  by  such  apportionment,  de¬ 
scribing  such  tract  of  land,  and  stating  in  general  terms  for  what 
purpose  issued,  the  amount,  rate  of  interest,  and  when  and  where 
payable.  Any  person  owning  or  interested  in  any  tract  of  land 
against  which  a  special  tax  bill  may  be  issued  under  the  pro¬ 
visions  of  this  charter,  may  pay  the  same  to  the  City  Treasurer, 
whose  duty  it  shall  be  to  receive  the  amount  thereof,  without 
charge  or  commission,  and  to  issue  to  such  person  duplicate  re¬ 
ceipts  therefor,  showing  from  whom  received,  the  date,  the 
amount  of  such  tax  bill,  with  a  description  of  the  land  as  de¬ 
scribed  in  such  bill ;  the  original  of  such  receipt  shall  be  counter¬ 
signed  by  the  Auditor,  and  delivered  to  the  person  entitled  there¬ 
to  ;  the  duplicate  thereof  shall  be  filed  by  the  Auditor  in  his  office, 
and  he  shall  enter  a  memorandum  thereof  in  a  book  kept  for 
that  purpose.  The  City  Treasurer  shall  cancel  and  mark  “paid” 
the  amount  of  such  tax  bill  so  paid,  on  the  record  thereof,  and 
such  entry  shall  be  evidence  of  the  payment  as  stated,  and  said 
tract  of  land  shall  be  discharged  from  all  liens  on  account  of 
such  tax  bill  so  paid  from  that.  The  person  to  whom  any  such 
tax  bill  may  be  issued,  or  the  assignee  thereof  shall  be  en¬ 
titled  to  receive  on  demand  the  money  so  paid  to  the  City  Treas¬ 
urer  only  on  delivery  to  the  City  Auditor  of  such  special  tax  bill, 
duly  receipted  in  full,  who  shall  file  the  same  in  his  office  and 
draw  a  warrant  upon  the  City  Treasurer  in  favor  of  the  party  so 
entitled  to  receive  the  same,  for  the  amount  so  paid  to  the  City 
Treasurer  on  account  of  such  special  tax  bill,  which  warrant,  be¬ 
fore  it  shall  be  paid,  shall  be  countersigned  by  the  Comptroller. 

Sec.  23.  The  special  tax  record  to  be  kept  by  the  Treasurer 


% 

125 

shall  be  complete  and  full  and  show  all  special  tax  bills,  if  any, 
issued  under  this  charter,  and  all  benefit  assessments  arising  out 
of  condemnation .  and  grading  cases  made  under  the  provisions 
of  articles  six  (VI)  and  seven  (VII)  respectively,  of  this  char¬ 
ter,  which'  may  be  in  his  hands  for  collection  against  any  lot  or 
parcel  of  land  in  Kansas  City.  Any  and  all  special  assessments 
therein  contained,  whether  arising  out  of  the  issuance  of  special 
tax  bills,  as  in  this  article  provided,  or  by  virtue  of  the  verdict 
or  report  of  juries  or  commissioners  in  such  condemnation  or 
grading  proceedings,  respectively,  shall  be  considered  for  the 
purpose  of  collecting  and  receiving  payment  thereof,  as  special 
taxes  against  any  lot  or  parcel  of  land  against  which  the  same 
may  be  a  lien,  and  upon  application  to  the  City  Treasurer  for  the 
amount  of  general  city  taxes  against  any  lot  or  parcel  of  land 
in  Kansas  City,  said  treasurer  shall  also  furnish  to  the  party 
making  such  application,  a  list  of  all  special  tax  bills  and  such 
benefit  assessments  against  such  lot  or  parcel  of  land  as  appear 
by  said  record  at  that  time.  The  Common  Council  may,  by  or¬ 
dinance,  consistent  with  the  provisions  of  this  charter,  further 
regulate  the  keeping  of  the  records,  by  the  City  Treasurer,  of  spe¬ 
cial  tax  bills  and  benefit  assessments  against  private  property, 
arising  out  of  the  provisions  of  articles  six  (VI)  and  seven 
(VII)  of  this  charter,  and  the  collection  of  such  assessments  by 
execution  and  sale  of  the  private  property  against  which  the  same 
may  be  a  lien. 

Failure  to  comply  with  the  provisions  of  this  and  the  next 
preceding  section  of  this  article  shall  not  vitiate  or  impair  any 
tax  bill.  Nor  shall  the  execution  of  the  provisions  of  this  and 
said  next  preceding  section,  or  failure  or  defect  in  executing  the 
provisions  of  said  two  sections  impair  or  vitiate  the  general  city 
taxes  on  any  lot  or  parcel  of  land. 

Sec.  24.  Every  special  tax  bill  may  be  paid  to  the  owner 
or  holder  thereof,  and  upon  presentation  of  such  tax  bill  marked 
“paid”  to  the  city  treasurer,  he  shall  cancel  and  mark  “paid”  the 
amount  of  such  tax  bill  on  the  record  thereof,  which  entry  when 
made,  shall  have  the  same  effect  to  discharge  the  tract  of  land 
affected  by  such  tax  bill  from  the  lien  thereof,  as  if  the  amount  of 
such  tax  bill  had  been  paid  to  the  City  Treasurer  as  in  section 
twenty-two  of  this  article  provided,  and  such  entry  shall  be 
evidence  of  the  payment  of  the  tax  bill  as  therein  stated.  Every 
special  tax  bill  issued  under  the  provisions  of  this  article  shall  be 
a  lien  upon  the  land  described  therein  upon  the  date  of  the  cer¬ 
tification  thereof  to  the  City  Treasurer,  as  in  this  article  pro¬ 
vided,  and  such  lien  shall  continue  for  two  years  thereafter,  but 
no  longer,  except  as  in  this  article  otherwise  provided,  unless 
suit  shall  be  brought  to  collect  the  same  within  two  years  from 


126 


the  date  of  said  certification,  in  which  case  the  lien  shall  con¬ 
tinue  until  the  determination  of  the  legal  proceedings  to  collect 
the  same,  including  any  sale  of  the  property  charged;  provided, 
however,  that  if  such  suit  shall  be  brought  within  the  two  years, 
the  plaintiff  or  plaintiffs  therein  shall  within  ten  days  after  the 
bringing  of  such  suit,  in  person  or  by  attorney  or  agent,  file  in 
the  office  of  the  City  Treasurer  a  written  statement  giving  a  brief 
description  of  the  tax  bill  sued  on,  and  in  what  court  and  against 
whom  such  suit  shall  have  been  brought.  The  City  Treasurer 
shall  immediately  after  the  filing  of  any  statement,  note  on  the 
record  of  such  tax  bill  the  time  of  filing  such  statement  and  the 
substance  of  the  same.  If  the  plaintiff  or  plaintiffs  in  such  suit 
shall  fail  to  file  such  statement  within  the  time  above  limited, 
the  land  described  in  the  tax  bill  sued  on  shall  be  free  from  the 
lien  of  the  tax  bill  and  of  any  judgment  in  such  suit,  no  matter 
when  rendered,  and  shall  not  be  sold  in  satisfaction  of  any  such 
judgment;  provided,  however,  that  failure  to  file  said  notice 
shall  not  affect  or  invalidate  said  lien  or  judgment  as  to  the  in¬ 
terest  of  persons  made  parties  to  such  suit  and  served  with  pro¬ 
cess  in  said  suit.  Every  special  tax  bill  if  paid  within  thirty 
days  from  the  date  of  said  certification  thereof,  shall  bear  no  in¬ 
terest;  if  not  paid  within  such  time,  shall  bear  interest  from  the 
date  of  the  certification  thereof  at  the  rate  of  seven  per  cent  per 
annum.  No  tax  bill  need  give  the  name  of  any  party  owning  or 
interested  in  the  land  charged  thereby ;  and  before  suit,  the  owner 
of  any  part  in  severalty,  or  of  any  undivided  interest,  in  the  land 
charged  by  any  tax  bill,  may  pay  his  share  separately,  in  which 
case  his  part  or  interest  shall  not  be  liable  in  case  of  suit.  Such 
tax  bills  shall  be  issued  within  twenty  days  from  the  completion 
and  acceptance  of  the  work,  but  the  failure  to  issue  them  within 
such  time  shall  not  affect  the  validity  of  the  tax  bills.  All  or 
any  of  the  owners  of  the  land  charged,  or  of  any  interest  or 
estate  therein,  may  be  made  defendants  in  any  suit  upon  a  tax 
bill  and  the  right,  title  interest  or  estate  of  the  parties  made  de¬ 
fendants  in  any  such  suit  shall  be  bound  thereby,  and  the  owners 
of  the  land  as  shown  by  the  records  in  the  office  of  the  recorder 
of  deeds  for  Jackson  County,  Missouri,  and  by  the  records  of 
the  courts  of  record  having  jurisdiction  in  Kansas  City  shall  be 
conclusively  held  to  be  the  owners  thereof  for  the  purpose  of 
foreclosing  such  liens,  and  all  suits  on  special  tax  bills  may  be 
brought  in  the  names  of  the  owners  or  assignees  thereof. 

In  case  any  owner  of  land  or  interest  therein  shall  be  un¬ 
known,  or  a  nonresident  of  the  state,  suit  may  be  brought  against 
such  owner  separately  or  together  with  others,  and  such  un¬ 
known  or  nonresident  owner  may  be  proceeded  against  and 
charged  by  giving  notice,  either  by  publication  in  a  newspaper 


127 


or  otherwise  as  in  a  suit  in  the  Circuit  Court  of  Jackson  County, 
to  enforce  any  other  lien  on  land  in  the  county.  Every  such 
tax  bill  and  lien  thereof  shall  be  assignable  and  the  assignee 
thereof  may  sue  in  his  own  name.  It  shall  be  sufficient  for  the 
plaintiff  in  any  suit  to  plead  the  making  and  issuance  of  the  tax 
bill  sued  on,  giving  the  date  and  contents  thereof,  and  the  as¬ 
signment  thereof,  if  any,  and  to  allege  that  the  parties  or  party 
made  defendants  own  or  claim  to  own  the  land  charged  or  some 
estate  or  interest  therein,  as  the  case  may  be,  and  to  file  the  tax 
bill  in  the  suit,  or  to  set  out  a  copy  thereof  in  the  petition. 
Special  tax  bills,  whether  issued  pursuant  to  one  or  more  con¬ 
tracts  or  against  one  or  more  parcels  of  land  owned  by  the  same 
party  or  parties  made  defendant,  may  be  joined  in  one  suit,  but 
a  separate  judgment  on  each  tax  bill  shall  be  rendered  and  exe¬ 
cution  shall  be  issued  accordingly.  The  ordinance  authorizing 
any  public  improvement  and  the  contract  therefor,  and  approv¬ 
ing  and  confirming  such  contract,  shall  operate  and  shall  be  held 
by  all  departments  and  courts,  to  cure  all  errors  and  irregulari¬ 
ties,  if  any,  on  the  part  of  the  city  in  the  proceedings  relating  to 
such  improvements,  up  to  and  including  the  time  such  ordinance 
takes  effect,  and  no  tax  bill  shall  be  defeated,  or  the  amount 
or  lien  thereof,  in  anywise  be  affected,  by  reason  of  any  such 
error  or  irregularity.  Every  tax  bill  shall,  in  any  suit  thereon, 
be  prima  facie  evidence  of  the  validity  of  the  bill,  of  the  doing 
of  the  work  and  of  the  furnishing  of  the  material  charged  for 
and  of  the  liability  of  the  land  to  the  charges  stated  in  the  tax 
bill.  Provided,  that  nothing  in  this  section  shall  be  so  con¬ 
strued  as  to  prevent  any  defendant,  from  pleading  and  proving 
in  reduction  of  any  bill,  any  mistake  or  error  in  the  amount 
thereof,  or  that  the  work  therein  mentioned  was  not  done  in  a 
good  and  workmanlike  manner ;  and  Provided,  further, 
that  if  any  party  shall  plead  any  mistake  or  error 
in  the  amount  of  the  bill  or  that  the  work  was  not  done 
in  a  workmanlike  manner,  and  that  such 'party  before  the  com¬ 
mencement  of  the  suit, 'tendered  to  the  contractor,  or  holder  of 
the  bill,  the  full  value  of  the  work  done,  and  shall  establish  the 
same  on  the  trial,  the  recovery  shall  only  be  for  the  amount  so 
tendered  and  judgment  for  costs  shall  be  rendered  against  the 
plaintiff.  Provided,  further,  that  if  it  shall  be  pleaded  and  proved 
that  the  work  for  which  the  bill  was  issued  was  not  done  accord* 
ing  to  the  terms  of  the  contract  made  by  the  contractor  with  the 
city,  then  the  plaintiff  or  plaintiffs  shall  recover  thereon  only  the 
actual  value  of  the  work  done,  if  of  any  value,  and  if  not  of  any 
value,  the  judgment  shall  be  for  the  defendant.  No  suit  on  any 
tax  bill  shall  be  defeated  or  affected  by  any  irregularity  affecting 
any  other  bill,  or  matter  rendering  any  Other  bill  invalid  in  whole 
or  in  part. 


128 


In  a  suit  on  any  special  tax  bill  except  as  in  this  article 
otherwise  provided,  judgment  shall  be  special  that  the  plaintiff 
shall  recover  the  amount  found  due,  including  interest,  together 
with  costs,  to  be  levied  and  made  off  of  the  land  described  in  the 
tax  bill,  and  a  special  execution  shall  issue  to  sell  the  land  to 
pay  any  such  judgment,  interest  and  costs.  The  judgment,  ex¬ 
clusive  oncosts,  shall  bear  interest  at  the  same  rate  as  the  tax 
bill.  Suits  on  special  tax  bills  issued  under  this  article  may  be 
brought  in  any  court  of  competent  jurisdiction.  When  the 
amount  due  on  any  tax  bill  shall  not  exceed  three  hundred  dol¬ 
lars,  suit  may  be  brought  thereon  in  the  circuit  court  of  Jack- 
son  County,  or  in  the  municipal  court  of  Kansas  City,  but  to  en¬ 
force  any  judgment  rendered  by  said  "municipal  court,  a  tran¬ 
script  of  the  judgment  shall  be  filed  in  the  office  of  the  clerk  of 
the  circuit  court  of  Jackson  County,  in  said  city,  and  duly  dock¬ 
eted,  recorded  and  indexed  as  a  judgment  of  that  court;  where¬ 
upon,  a  special  execution  may  issue  out  of  that  court  the  same, 
as  if  the  judgment  had  been  rendered  in  that  court.  Upon  sales 
made  by  the  sheriff  upon  any  such  special  executions,  he  shall 
issue  to  the  purchaser  a  certificate  of  purchase,  setting  forth  the 
substance  of  such  special  execution,  the  date  of  sale,  the  pur¬ 
chaser,  the  property  sold,  and  the  amount  bid.  If  the  property 
so  sold  be  redeemed  within  one  year  from  the  date  of  such,  sale 
by  payment  to  the  sheriff  of  the  amount  due  on  said  judgment, 
including  interest  and  costs  up  to  the  date  of  redemption  by  the 
owner  of,  or  party  interested  in,  said  property,  no  deed  shall  be 
given  by  the  sheriff.  Upon  such  redemption  as  herein  provided 
of  any  tract  of  land  sold  under  such  special  execution,  the  judg¬ 
ment  against  the  same  and  the  lien  thereon  shall  be  satisfied 
on  the  record  of  such  judgment  in  the  office  of  the  clerk  of  the 
circuit  court  aforesaid  by  said  clerk  upon  presentation  of  the 
receipt  of  the  sheriff  for  the  amount  necessary  for  the  redemp¬ 
tion.  If  the  tract  of  land  so  sold  be  not  redeemed,  as  herein 
provided,  a  deed  shall  be  given  at  the  end  of  one  year  from  the 
date  of  said  sale  by  the  sheriff  to  the  holder  of  such  certificate. 
Such  deed  may  be  given  to  the  original  holder  of  such  certifi¬ 
cate  or  his  assignee,  and  shall  vest  all  the  right,  title,  interest 
and  estate  in  the  land  so  sold  that  defendants,  and  each  of  them, 
owned  at  the  time  that  the  lien  of  the  tax  bill  commenced,  or 
acquired  afterwards  and  every  such  special  judgment  as  herein 
provided,  shall  bind  all  the  right,  title,  interest  and  estate  in  the 
land  that  defendants,  and  each  of  them,  owned  at  the  time 
that  the  lien  of  the  tax  bill  commenced,  or  acquired  afterwards. 
Parties  interested  in  lands  not  made  defendants  shall  not  be  af¬ 
fected  thereby,  and  if  they  claim  through  or  under  any  party 
defendant  by  right  acquired  before  such  suit  was  brought  may 
redeem  from  the  purchaser  or  otherwise  assert  their  rights  ac- 


129 


cording  to  equity  and  good  conscience.  Proceedings  on  special 
executions  on  judgments  on  special  tax  bills  shall,  except  as  here¬ 
in  provided,  including  the  making  of  deeds  to  purchasers,  conform 
as  far  as  practicable  to  proceedings  on  other  special  executions 
from  the  circuit  court.  Such  certificate  of  purchase  shall  be 
delivered  by  the  sheriff  to  the  purchaser,  or  his  assignee  on  the 
payment  of  the  amount  bid,  which  certificate  shall  be  executed 
and  acknowledged  by  such  sheriff  before  an  officer  authorized  to 
take  acknowledgments  of  instruments  affecting  real  estate,  and 
shall  be  filed  for  record  in  the  office  of  the  recorder  of  deeds  of 
Jackson  County,  at  Kansas  City,  within  six  months  after  the 
date  of  the  same.  In  case  the  owner  of  any  undivided  interest 
or  particular  estate  in  any  land  charged,  be  compelled  by  suit 
to  pay  on  account  of  any  such  tax  bill  more  than  he  ought 
equitably  to  pay  as  between  him  and  others  interested  in  the  land, 
such  owner  so  paying  shall  be  subrogated  to  the  lien  of  such  tax 
bill,  and  may,  by  proper  proceedings  in  any  court  of  competent 
jurisdiction,  enforce  such  lien  and  have  the  equities  between 
such  owner  so  paying  and  other  parties  interested  in  the  land 
adjusted,  though  such  other  parties  were  not  parties  defendant 
to  the  original  suit  on  the  tax  bill,  and  though  such  subsequent 
procedings  may  be  commenced  after  two  years  from  the  issue 
of  the  tax  bill,  and  the  lien  of  the  tax  bill  shall  continue  after 
the  two  years  for  the  purpose  of  such  remedy,  or  the  owner  so 
paying  shall  be  entitled  to  contribution  from  others  according 
to  equity  without  enforcing  the  lien. 

Sec.  25.  The  common  council  may,  by  ordinance,  pro¬ 
vide  that  the  special  tax  bills  to  be  issued  in  payment  for  im¬ 
provements  mentioned  in  section  three  of  this  article  shall  be 
made  payable  in  four  equal  installments,  and  such  tax  bills 
when  issued  shall  be  payable  and  collectible  as  follows :  The 
first  installment  shall  become  due  and  collectible  on  the  thirtieth 
day  of  June  next  succeeding  the  date  of  certification  to  the 
treasurer  of  the  tax  bills,  provided,  that  if  such  period  is  less 
than  thirty  days  after  the  date  of  said  certification  of  the  tax 
bills,  then  the  first  installment  shall  become  due  and  collectible 
on  the  thirtieth  day  of  June  of  the  next  year;  the  second  in¬ 
stallment  shall  become  due  and  collectible  in  one  year,  the  third 
installment  in  two  years,  and  the  fourth  installment  in  three 
years,  after  the  first  installment  is  due  and  collectible  as  above 
mentioned;  provided,  however,  that  the  owner  of  the  property 
charged  with  the  payment  of  such  tax  bills,  or  the  owner  of 
any  interest  therein,  shall  have  the  privilege  of  paying  the  same 
in  full  at  any  time  before  the  expiration  of  thirty  days  from  the 
date  of  said  certification ;  and  provided,  further,  that  the  owner 
of  the  property  charged  with  the  payment  of  such  tax  bills,  or 


130 


the  owner  of  any  interest  therein,  shall  have  the  privilege  of 
paying  such  tax  bills  in  full  at  any  time  by  paying  interest  there¬ 
on  to  a  period  ninety  days  after  the  date  of  such  payment,  un¬ 
less  such  payment  is  made  within  less  than  ninety  days  of  the 
maturity  of  the  next  installment,  and  then  by  paying  interest 
thereon  to  the  date  when  the  next  installment  becomes  due  and 
payable.  Such  tax  bills,  including  each  installment  thereof,  if 
not  paid  in  full  before  the  expiration  of  thirty  days  from  the 
date  when  their  apportionment  and  assessment  is  certified  to  the 
City  Treasurer,  shall  bear  interest  from  the  date  of  said  certifi¬ 
cation  at  the  rate  of  seven  per  cent  per  annum,  and  when  any 
installment  becomes  due  and  collectible,  as  herein  provided, 
interest  thereon  and  on  all  unpaid  installments  shall  be  due  and 
collectible  to  that  date.  If  any  installment  of  any  such  tax  bills 
be  not  paid  when  due,  then  all  the  unpaid  installments  shall 
immediately  become  due  and  collectible,  together  with  interest 
thereon  at  the  rate  of  eight  per  cent  per  annum  from  the  date  on 
which  interest  has  already  been  paid  on  said  installments.  The 
lien  of  all  tax  bills  issued  under  this  section  shall  continue  for  a 
period  of  one  year  after  the  date  the  last  installment  matures  as 
expressed  upon  its  face,  and  no  longer,  unless  within  such  year 
suit  shall  have  been  instituted  to  collect  such  tax  bill,  and  unless 
within  ten  days  after  the  institution  of  such  suit,  notice  of  the 
bringing  of  such  suit  shall  have  been  filed  with  the  city  treasurer 
as  provided  as  to  other  tax  bills,  in  which  case  the  lien  of  such 
tax  bill  shall  continue  until  the  termination  of  such  suit  and  until 
the  sale  of  the  property  under  execution  of  the  judgment  es¬ 
tablishing  the  same,  and  no  default  in  the  payment  of  any  in¬ 
terest  or  any  installment  shall  operate  to  diminish  the  period 
during  which  such  lien  shall  continue,  or  during  which 
suit  may  be  brought.  Such  tax  bills  and  liens  thereof 
shall  be  assignable  and  shall  be  of  the  same  force  and 
effect,  and  suits  may  be  brought  thereon  in  the  same  manner 
as  on  other  tax  bills  issued  by  the  city,  and  all  other  provisions 
relating  to  special  tax  bills  issued  pursuant  to  the  authority 
given  in  this  article  shall  apply  to  those  issued  under  this  sec¬ 
tion,  excepting  so  far  only  as  the  other  provisions  of  this  article 
conflict  with  those  contained  in  this  section. 

Sec.  26.  When  the  city  shall  own  any  tract  of  land,  or 
hold  the  title  to  any  land  not  used  as  a  street,  avenue,  boulevard, 
alley,  or  public  highway,  which  if  owned  by  a  private  person 
would  be  liable  to  assessment  for  benefits  to  pay  for  any  public 
improvement  mentioned  in  this  article,  an  assessment  shall  be 
made  against  such  land,  and  a  special  tax  bill  issued  as  though 
such  land  were  the  property  of  a  private  person,  and  the  city 
shall  pay  the  amount  of  that  assessment  as  evidenced  by  the 


131 


* 


special  tax  bill  out  of  the  general  fund.  Suits  shall  be  instituted 
to  enforce  the  collection  of  any  such  tax  bill  in  the  same  man¬ 
ner  and  in  the  same  courts  as  on  other  tax  bills,  and  the  judg¬ 
ment  in  any  such  suit  shall  be  a  personal  judgment  against  the 
city  for  the  amount  due  on  such  tax  bill,  which  judgment  may 
be  enforced  as  other  judgments  against  the  city,  and  no  such 
land  of  the  city  shall  be  sold  under  any  such  judgment.  And 
no  other  proceedings  or  official  action  on  the  part  of  Kansas 
City  shall  be  necessary  in  a  proceeding  for  a  public  improve¬ 
ment  in  which  land  owned  by  the  city  may  be  assessed  with 
benefits  therefor  than  though  such  land  had  been  owned  by  a 
private  person. 

And  whenever  any  land  liable  to  be  assessed  with  special 
benefits  to  pay  for  any  public  improvement  mentioned  in  this 
charter  shall  be  owned  by  a  railroad  corporation,  cemetery  as¬ 
sociation,  county,  school  district,  or  any  other  public  or  quasi¬ 
public  corporation,  or  by  any  corporation,  association,  society, 
person  or  trustee,  such  land  shall  be  assessed  and  a  special  tax 
bill  issued  to  evidence  the  same  in  the  same  manner  as  though 
the  same  were  the  property  of  a  private  person,  and  if  a  sale 
of  such  land  to  enforce  such  assessment  in  contrary  to  the  public 
policy  or  the  laws  of  this  State,  then  the  amount  of  such  assess¬ 
ment  as  may  be  evidenced  by  the  special  tax  bill  shall  be  paid 
by  such  railroad,  corporation,  cemetery  association,  school  dis¬ 
trict,  county  or  other  public  or  quasi-public  corporation,  asso¬ 
ciation,  society,  person  or  trustee.  Suits  shall  be  instituted 
to  enforce  the  collection  of  any  such  tax  bills  in  the  same  man¬ 
ner  and  in  the  same  courts  as  on  other  tax  bills,  and  the  judg¬ 
ment  in  any  such  suit,  if  for  the  plaintiff,  shall  be  a  personal  one 
against  the  owner  of  the  land  assessed,  for  the  amount  due  on 
such  tax  bill;  but  no  such  judgment  shall  be  rendered  in  any 
such  suit  for  an  amount  greater  than  the  value  of  the  land  so 
assessed ;  and  the  defendant  or  defendants  in  any  such  suit  may, 
by  appropriate  pleading,  raise  the  issue  of  the  value  of  the  land 
so  assessed  and  when  that  issue  is  raised  the  judgment,  if  any, 
shall  be  enforced  as  other  judgments  against  the  judgment 
debtor,  but  no  such  lands  shall  be  sold  under  such  judgments. 

Sec.  27.  Whenever  the  city,  by  a  valid  ordinance,  shall 
have  authorized  the  making  of  any  public  improvement  to  be 
paid  for  in  special  tax  bills  and  shall  have  entered  into  a  valid 
contract  for  such  improvement,  and  shall  have  attempted  to 
levy  an  assessment  or  issue  a  special  tax  bill  to  pay  the  cost 
thereof,  and  said  contract  shall  have  been  faithfully  and  fully 
performed  by  the  contractor,  and  it  shall  be  made  to  appear  by  a 
judgment  of  a  court  of  competent  jurisdiction  or  otherwise,  that 
the  lien  of  such  assessment  or  part  thereof,  or  of  any  or  all  tax 


132 


bills  evidencing  the  same,  is  invalid  by  reason  of  any  omission, 
irregularity,  defect  or  invalidity  in  the  acts  or  procedings  of  any 
of  the  municipal  authorities  of  the  city  relating  thereto,  the 
board  of  public  works  may,  at  any  time  within  one  year  after 
the  original  issue  of  the  tax  bills,  reassess  any  or  all  of  the 
tracts  of  land  subject  to  assessment  to  pay  the  cost  of  such  im¬ 
provement,  according  to  the  method  of  assessment,  and  in  the 
same  manner  and  with  the  same  effect  and  evidence  the  same  by 
like  tax  bills  as  is  provided  in  this  article  for  such  assessments  in 
the  first  instance. 

Sec.  28.  When  in  grading  or  regrading  any  street,  avenue, 
highway,  or  part  thereof,  a  very  large  or  unusual  amount  of 
filling  in  or  cutting  or  grading  away  of  earth  or  rock  be  neces¬ 
sary,  necessitating  an  expense  of  such  magnitude  as  to  impose 
too  heavy  a  burden  on  the  land  situate  in  the  benefit  district  as 
limited  in  section  three  of  this  article,  and  when  in  grading  or 
regrading,  constructing  or  reconstructing  any  street,  avenue, 
highway  or  part  thereof,  one  or  more  bridges,  viaducts, 
tunnels,  subways,  cuts  or  approaches  on,  along,  over  or  under 
the  same  is  or  are  required  or  needed,  the  cost  of  grading  or 
regrading  such  street,  avenue,  highway,  or  part  thereof,  in¬ 
cluding  the  cost  of  constructing  or  reconstructing  such  bridges, 
viaducts,  tunnels,  subways  and  approaches,  or  any  of  them,  may 
be  charged  as  a  special  tax  on  parcels  of  land  (exclusive  of 
improvements)  benefited  thereby,  after  deducting  the  portion 
of  the  whole  cost,  if  any,  which  the  city  may  pay,  and  in  pro¬ 
portion  to  the  benefits  accruing  to  the  said  several  parcels  of  land, 
exclusive  of  improvements  thereon,  and  not  exceeding  the 
amount  of  said  benefit,  said  benefits  to  be  determined  by  the 
board  of  public  works  as  hereinafter  provided,  and  the  limits 
within  which  parcels  of  land  are  benefited  shall  in  all  such  speci¬ 
fied  instances  be  prescribed  and  determined  by  ordinance.  If  the 
common  council  shall  find  and  declare  in  the  ordinance  provid¬ 
ing  for  the  doing  of  the  work  above  described  that  a  very  large 
or  unusual  amount  of  filling  in  or  cutting  or  grading  away  of 
earth  or  rock  be  necessary,  necessitating  an  expense  of  such 
magnitude  as  to  impose  too  heavy  a  burden  on  the  land  situated 
in  the  benefit  district  as  limited  in  section  three  of  this  article, 
or  that  in  grading  or  regrading,  constructing  or  reconstructing 
any  street,  avenue,  highway,  or  part  thereof,  one  or  more 
bridges,  viaducts,  tunnels,  subways,  cuts  or  approaches  on,  along, 
over  or  under  the  same  is,  or  are  required  or  needed,  necessitat¬ 
ing  a  large  or  unusual  expense  as  hereinbefore  specified,  the  said 
finding  and  declaration  in  said  ordinance  shall  be  final  and  conclu¬ 
sive  as  to  all  such  matters. 


133 


The  public  work  described  as  above  shall  be  provided  for  by 
ordinance,  and  the  city  may  provide  that  after  the  passage  of 
the  ordinance  and  after  an  approximate  estimate  of  the  cost  of 
the  work  shall  have  been  made  by  the  board  of  public  works, 
the  city  shall  file  a  proceeding  in  the  circuit  court  of  Jackson 
County,  Missouri,  in  the  name  of  the  city,  against  the  respective 
owners  of  land  chargeable  under  the  provisions  of  this  section . 
with  the  cost  of  such  work.  In  such  proceeding  the  city  shall 
allege  the  passage  and  approval  of  the  ordinance  providing  for 
the  work,  and  the  approximate  estimate  of  the  cost  of  said  work; 
and  shall  define  and  set  forth  the  limits  of  the  benefit  district, 
prescribed  by  the  ordinance,  within  which  it  is  proposed  to  as¬ 
sess  property  for  the  payment  of  said  work.  The  prayer  of  the 
petition  shall  be  that  the  court  find  and  determine  the  validity 
of  said  ordinance,  and  the  question  of  whether  or  not  the  re¬ 
spective  tracts  of  land  within  said  benefit  district  shall  be 
charged  with  the  lien  of  said  work  in  the  manner  provided  by 
said  ordinance. 

Service  of  process  in  such  proceeding  shall  be  governed  by 
the  provisions  of  section  eleven  (11)  of  article  thirteen  (XIII) 
of  this  charter,  relating  to  service  of  notice  and  summons  in 
proceedings  for  the  ascertainment  of  benefits  and  damages  for 
the  condemnation  of  lands  for  parks  and  boulevards.  In  such 
proceedings,  the  city  shall  have  the  right  to  offer  evidence  tend¬ 
ing  to  prove  the  validity  of  said  ordinance,  and  said  proposed 
lien  against  the  respective  lots,  tracts  and  parcels  of  land  within 
said  benefit  district  sought  to  be  tharged  with  such  lien;  and 
the  respective  owners  of  lots,  tracts  and  parcels  of  lanld  within 
said  benefit  district  shall  have  the  right  to  introduce  evidence 
tending  to  show  the  invalidity  or  lack  of  legality  of  said  ordi¬ 
nance,  and  said  proposed  lien  against  the  respective  lots,  tracts 
and  parcels  of  land  owned  by  each  respective  defendant;  and  the 
court  shall  have  the  right  to  determine  the  question  of  whether 
or  not  the  said  lots,  tracts  and  parcels  of  land  owned  by  each 
defendant  should  be  charged  with  such  lien. 

The  trial  of  such  proceedings  shall  be  in  accordance  with 
the  constitution  and  laws  of  the  State,  and  the  court  shall  ren¬ 
der  judgment  either  validating  such  ordinance,  and  proposed 
lien  against  the  lots,  tracts  and  parcels  of  land  within  said  bene¬ 
fit  district  or  against  such  lots,  tracts,  or  parcels  of  land  as  the 
court  may  find  legally  chargeable  with  the  same,  or  the  court 
may  render  judgment  that  such  ordinance  or  proposed  lien  are, 
in  whole  or  in  part,  invalid  and  illegal. 

Any  appeal  taken  from  such  judgment  must  be  taken  with¬ 
in  ten  days  after  the  rendition  of  such  judgment,  or  if  a  motion 
for  new  trial  be  filed  therein,  then  within  ten  days  after  such 


134 


motion  may  be  overruled  or  otherwise  disposed  of;  but  in  all 
other  respects  the  rules  covering  such  appeal  shall  be  the  same 
as  provided  by  section  eightetn  (18)  of  article  thirteen  (XIII) 
of  this  charter. 

If  no  appeal  shall  be  taken,  or  after  the  determination  of 
such  appeal,  the  city  may  enter  into  a  contract  with  the  success¬ 
ful  biader  to  whom  such  work  may  be  let;  and,  after  the  work 
under  such  contract  shall  have  been  fully  completed,  the  esti¬ 
mate  of  the  cost  thereof,  and  the  apportionment  of  the  same 
against  the  various  lots,  tracts  and  parcels  of  land  within  the 
benefit  district,  shall  be  made  by  the  board  of  public  works  ac¬ 
cording  to  the  assessed  value  thereof,  exclusive  of  improve¬ 
ments,  with  the  assistance  of  the  city  assessor  as  provided  in 
section  three  of  this  article,  and  all  of  the  provisions  of  section 
three  of  this  article  relating  to  the  apportionment  of  special  as¬ 
sessments,  and  the  levy,  issue  and  collection  of  special  tax  bills 
as  in  grading  proceedings  as  in  said  section  specified,  shall  apply 
as  far  as  applicable  to  special  tax  bills  issued  pursuant  to  this  sec¬ 
tion,  except  that  said  tax  bills  may  be  made  payable  in  not  to 
exceed  ten  annual  installments;  the  number  of  installments,  and 
the  time  when  payable  to  be  determined  by  the  Common  Council 
on  the  recommendation  of  the  board  of  public  works,  such 
determination  to  be  specified  in  the  ordinance  of  the  Common 
Council  in  which  said  work  is  authorized  and  the  proceedings 
therefor  instituted. 

Nothing  in  this  section  stated  shall  in  anywise  affect,  modify 
or  change  the  provisions  of  the  previous  sections  of  this  article, 
or  in  any  manner  affect  or  change  the  proceedings 
therein  set  forth  for  the  doing  of  public  work  and  the  payment 
therefor  by  the  issue  of  special  tax  bills;  the  intention  of  this 
section  being  to  provide  an  independent  and  separate  method 
of  public  improvements  made  under  the  provisions  of  this  sec¬ 
tion. 


ARTICLE  IX. 


Vacating  Highways  and  Public  Places. 

Sec.  1.  The  city  shall  have  exclusive  control  of  all  its 
public  highways,  streets,  avenues,  alleys  and  public  places,  and 
shall  have  exclusive  power  to  vacate  or  abandon  any  public 
highway,  street,  avenue,  alley  or  public  place,  or  any  part  there¬ 
of,  and  to  vacate  any  platted  addition  or  subdivision  of  land  or 
part  thereof  within  the  corporate  boundaries  of  the  city,  pro¬ 
vided  that  no  such  vacation  or  abandonment  shall  take  place  ex¬ 
cept  by  ordinance. 

Sec.  2.  Any  person  or  corporation  owning  any  property 
fronting  on  any  public  highway,  street,  avenue,  alley  or  public 
place  or  part  thereof,  proposed  to  be  vacated,  may  petition  the 
Common  Council  therefor.  Such  petition  must  give  a  distinct 
description  of  the  part  of  the  public  highway,  street,  avenue, 
alley  or  public  place  sought  to  be  vacated,  and  also  the  names 
of  the  persons  or  corporations  owning  or  claiming  the  property 
fronting  thereon  and  be  verified  by  affidavit.  Said  petition  shall 
be  filed  with  the  city  clerk  at  least  twenty  days  previous  to  any 
action  being  taken  thereon  by  the  Common  Council,  and  notice 
of  the  pendency  of  such  petition  shall  be  given  for  the  same 
length  of  time  in  the  newspaper  then  doing  the  city  printing. 
The  person  or  corporation  seeking  such  vacation,  shall,  at  the 
time  of  filing  the  petition  for  vacation,  deposit  with  the  city 
Comptroller  a  sum  sufficient,  in  the  opinion  of  the  Comptroller, 
to  cover  all  costs  and  expenses  which  the  city  may  incur  by 
reason  of  said  proceedings. 

Sec.  3.  If  opposition  be  made  in  writing  to  such  petition 
within  said  twenty  days  by  any  person  or  corporation  interested 
in  the  vacation  of  such  property,  no  action  shall  be  taken  by  the 
common  council  on  such  petition  before  the  expiration  of  an 
additional  twenty  days.  Subject  to  the  provisions  of  this 
article,  the  Common  Council  may,  by  ordinance,  vacate  the  prop¬ 
erty  mentioned  and  described  in  said  petition  aforesaid  with 
such  restrictions  as  it  may  deem  for  the  public  good;  but  no 
such  ordinance  shall  be  passed  unless  the  consent,  in  writing, 
of  the  persons  or  corporations  owning  three-fourths  of  the  front 
feet  of  the  property  fronting  on  that  part  of  the  public  high¬ 
way,  street,  avenue,  alley  or  public  place  to  be  vacated,  acknowl¬ 
edged  as  deeds  conveying  real  estate  in  this  State  are  required 


136 


to  be  acknowledged  in  order  to  entitle  them  to  be  recorded, 
shall  have  been  obtained  to  such  vacation,  and  filed  with  said 
petition  in  the  city  clerk’s  office. 

Sec.  4.  The  property  or  part  thereof  so  vacated,  if  it  be 
a  lot  or  public  square,  shall  belong  to  the  persons  or  corpora¬ 
tions  who  may  have  the  title  thereof  according  to  law;  and  if 
same  be  a  public  highway,  street,  avenue,  or  alley,  the  same 
shall  vest  in  the  persons  or  corporations  owning  the  property 
on  each  side  thereof  in  equal  proportions  according  to  the  length 
or  breadth  of  such  land  as  the  same  may  border  thereon  and 
as  the  titles  to  such  bordering  lands  may  be  held  by  the  said 
owners  thereof  respectively. 

Sec.  5.  The  owner  of  any  lot  in  any  platted  addition  or 
subdivision  within  the  corporate  boundaries  of  the  city  may 
petition  the  Common  Council  for  the  vacation  of  the  said  platted 
addition  or  subdivision  or  any  part  thereof.  Said  petition  must 
give  a  distinct  description  of  the  part  of  the  addition  or  sub¬ 
division  to  be  vacated,  and  also  the  names  of  all  legal  owners 
of  all  lots  contained  in  such  addition  or  subdivision  and  be  veri¬ 
fied  by  affidavit.  Said  petition  shall  be  filed  with  the  city  clerk 
at  least  twenty  days  previous  to  any  action  being  taken  thereon 
by  the  Common  Council,  and  notice  of  the  pendency  of  such  peti¬ 
tion  shall  be  given  for  the  same  length  of  time  in  the  newspaper 
then  doing  the  city  printing. 

Sec.  6.  If  opposition  be  made  in  writing  to  such  petition 
within  said  twenty  days  by  any  person  or  corporation  interested 
in  such  vacation,  no  action  shall  be  taken  by  the  Common  Council 
on  such  petition  before  the  expiration  of  an  additional  twenty 
days.  The  Common  Council  may,  by  ordinance,  vacate  such 
platted  addition  or  subdivision,  or  part  thereof,  and  upon  such 
vacation  being  made,  such  plat  and  all  dedications  to  public  use 
made  by  or  consequent  upon  such  plat  shall  within  and  as  to  the 
part  of  such  addition  or  subdivision  so  vacated,  ipso  facto  cease 
and  determine,  and  become  and  be  of  no  effect,  but  no  such  ordi 
nance  shall  be  passed  unless  the  consent  in  writing  of  the  legal 
owners  of  all  lots  contained  in  such  addition  or  subdivision  ac¬ 
knowledged  as  deeds  conveying  real  estate  in  this  state  are  re¬ 
quired  to  be  acknowledged  in  order  to  entitle  them  to  be  re¬ 
corded,  shall  have  been  obtained  to  such  vacation  and  filed  with 
said  petition  in  the  city  clerk’s  office. 

Sec.  7.  No  ordinance  vacating  any  public  highway,  street, 
avenue,  alley,  public  place  or  platted  addition  or  subdivision  or 
part  thereof,  shall  be  passed  except  by  at  least  two-thirds  af- 


137 


firmative  vote  of  the  full  authorized  membership  of  each  house 
of  the  Common  Council.  If  any  such  ordinance  be  returned 
without  the  approval  of  the  Mayor,  and  with  his  objections,  an 
affirmative  vote  of  at  least  three-fourths  of  the  authorized  mem¬ 
bership  of  each  house  of  the  Common  Council  shall  be  necessary 
to  the  passage  of  such  ordinance  notwithstanding  the  objections 
of  the  Mayor  thereto. 

Sec.  8.  Every  ordinance  vacating  any  public  highway, 
street,  alley,  public  place,  or  platted  addition  or  subdivision,  or 
part  thereof,  shall  be  acknowledged  by  the  city  clerk  as  deeds 
are  acknowledged  as  aforesaid,  and  such  ordinance  so  acknowl¬ 
edged  and  the  consents  of  property  owners  herein  required  shall 
be  filed  for  record  in  the  recorder’s  office  in  Jackson  County, 
Missouri. 

Sec.  9.  The  common  council  may  provide  in  any  ordi¬ 
nance  for  vacating  any  highway,  street,  avenue,  alley,  public 
place,  or  plat  that  such  vacation  shall  not  become  final  and  ab¬ 
solute  until  the  damage  which  may  be  occasioned  thereby,  if  any, 
has  been  ascertained  and  paid  in  the  manner  hereinafter  pro¬ 
vided. 

Whenever  private  property  shall  be  so  disturbed  or  damaged 
by  the  proposed  vacation  as  to  entitle  the  owners  thereof  to 
remuneration  or  damages  under  the  constitution  of  the  State  of 
Missouri,  the  ordinance  which  shall  order  such  vacation  shall 
also  prescribe  and  determine  the  limits  within  which  private 
property  is  deemed  benefited  by  the  proposed  vacation.  Such 
benefited  district  shall  not,  however,  include  any  property  other 
than  that  abutting  on  the  street,  alley  or  public  place  proposed 
to  be  vacated,  the  owners  of  which  abutting  property  have  signed 
the  petition  for  such  vacation.  The  Mayor  shall  cause  a  certified 
copy  of  said  ordinance  to  be  filed  in  the  Circuit  Court  of  Jack- 
son  County,  Missouri,  at  Kansas  City,-  or  with  the  clerk  thereof, 
and  said  court  shall  fix  a  day  and  place  for  assessing  the  damages 
and  benefits  arising  from  the  proposed  proceeding,  and  such 
damages  and  benefits  shall  be  ascertained  and  assessed  in  the 
manner  and  by  the  procedure  provided  in  Article  VII  of  this 
charter  for  assessing  damages  and  benefits  arising  from  grading 
and  regrading  streets ;  provided ,  however,  that  at  any  time  before 
final  judgment,  the  owners  of  the  property  abutting  on  the  street, 
alley,  highway,  or  public  place  proposed  to  be  vacated  who  shall 
have  signed  the  petition  for  said  vacation  may  withdraw  there¬ 
from,  and,  upon  filing  such  withdrawal  in  the  office  of  the  City 
Clerk,  the  City  Counselor  shall  dismiss  the  said  proceedings,  and 
the  same  shall  be  ab  initio  null  and  void. 


13a 


Unless  all  the  owners  of  the  property  against  which  assess¬ 
ments  of  benefits  have  been  made  in  said  proceedings  shall,  with¬ 
in  twenty  days  after  the  rendition  of  the  verdict,  pay  such  assess¬ 
ments  to  the  clerk  of  the  circuit  court  of  Jackson  county,  Mis¬ 
souri,  for  the  use  of  the  parties  entitled  thereto,  the  city  shall 
cause  said  proceedings  to  be  dismissed  and  said  ordinance  shall 
thereupon  be  ab  initio  null  and  void. 

Any  party  aggrieved  by  said  verdict  may  appeal  therefrom 
in  the  same  manner  and  with  like  effect  as  is  provided  by 
Article  VII  of  this  charter  from  judgments  rendered  by  the 
circuit  court 


ARTICLE  X. 


Board  of  Public  Works. 

Section  1.  There  is  hereby  established  within  the  city  a 
department  to  be  known  as  the  board  of  public  works,  to  con¬ 
sist  of  four  members  until  the  third  Monday  in  April,  1910. 
The  four  members  of  the  board  of  public  works  of  Kansas  City, 
in  office  at  the  time  this  charter  goes  into  effect,  shall  constitute 
the  first  board  of  public  works  under  this  charter  and  shall  serve 
until  the  third  Monday  of  April,  1910,  but  shall  have  no  powers 
or  duties  except  as  provided  in  this  charter.  On  and  after  the 
third  Monday  of  April,  1910,  the  board  of  public  works  shall 
consist  of  only  three  persons,  who  shall  be  appointed  by  the 
Mayor,  by  and  with  the  advice  and  consent  of  the  upper  house 
of  the  common  council?  to  serve,  one  for  one  year,  one  for  two 
years,  and  one  for  three  years  from  the  date  of  their  appoint¬ 
ment.  Each  year  thereafter  the  Mayor  shall  in  like  manner 
appoint  one  person  as  the  successor  of  the  member  whose  term  of 
office  expires  in  that  year  to  serve  as  such  member  for  three 
years. 

Sec.  2.  Each  member  of  said  board  shall  receive  such 
salary  as  may  be  prescribed  by  ordinance.  Immediately  after 
qualification  at  the  beginning  of  the  fiscal  year  of  1910  and  each 
year  thereafter,  said  board  shall  elect  one  of  its  members  presi¬ 
dent,  for  a  term  of  one  year,  and  one  of  his  duties  shall  be  to 
attend  all  meetings  of  the  common  council,  and  at  the  request  of 
any  member  thereof,  to  give  such  information  concerning  the 
business  of  the  board  as  may  be  required  of  him. 

Sec.  3. '  The  board  of  public  works  shall  meet  at  its  office 
at  least  three  times  each  week  to  transact  such  business  as  may 
properly  come  before  it.  Two  members  of  said  board  shall  con¬ 
stitute  a  quorum. 

Sec.  4.  Said  board  shall  appoint  a  city  engineer,  who 
shall  be  a  civil  engineer  and  a  person  well  skilled  in  the  science 
of  engineering  and  the  practical  application  thereof.  He  shall, 
in  addition  to  the  oath  prescribed  for  city  officers,  take  an  oath 
that  he  is  not  and  will  not  be  during  his  continuance  in  office, 
directly  or  indirectly  interested  in  any  contract  with  the  city, 
or  in  any  public  work.  The  board  shall  establish  a  department 
of  engineering  and  the  city  engineer  shall  be  the  head  thereof, 


140 


and  shall  have  the  sole  executive  control  of  said  department, 
subject  to  the  rules  and  regulations  prescribed  by  the  board, 
and  shall  hold  his  position  at  the  pleasure  of  the  board.  He 
shall  appoint  and  discharge  the  employes  and  subordinates  in 
said  engineering  department,  and  shall  carry  into  effect  the 
public  work  designated  by  the  board  to  be  done  by  the  engineer¬ 
ing  department,  and  shall  perform  such  other  duties,  not  incon¬ 
sistent  herewith,  as  may  be  prescribed  by  ordinance.  The  board 
shall  appoint  such  persons  not  employed  in  the  engineering  de¬ 
partment  as  may  be  necessary  to  transact  the  business  and  per¬ 
form  the  duties  devolving  upon  the  board  Under  the  provisions 
of  this  charter.  Upon  the  taking  effect  of  Article  XV  of  this 
charter,  said  board  and  said  engineer  shall,  in  making  said  ap¬ 
pointments,  and  in  all  other  respects,  conform  to  the  provisions, 
rules  and  regulations  of  the  civil  sendee  board. 

Sec.  5.  The  board  shall  establish  a  department  of  street 
repairs.  It  shall  appoint  a  superintendent  of  repairs  who  shall 
have  the  sole  executive  control  of  said  department,  subject  to 
the  rules  and  regulations  prescribed  by  the  board.  Except  as 
otherwise  provided  by  this  charter,  or  by  ordinance,  it  shall  be 
his  duty  to  have  charge  of  the  repairs  of  all  streets  and  alleys, 
to  repair  all  sidewalks  and  curbing,  to  construct  all  street  cross¬ 
ings,  and  to  repair  the  same,  to  repair  all  bridges  and  viaducts 
required  to  be  kept  in  repair  by  the  city;  he  shall  have  charge  of 
the  repairs  of  sewers  and  catch-basins,  and  the  supervision  of 
the  erection  of  all  telegraph  and  electric  light  poles;  he  shall 
also  have  the  supervision  of  all  excavations  and  fillings,  made  for 
the  laying  of  gas  and  water  pipes  or  for  the  repairing  of  sewers 
or  for  any  other  purpose  whatever,  in  the  streets  and  alleys  of 
the  city ;  he  shall  have  charge  and  control  of  all  implements  and 
teams  employed  in  such  work,  and  shall  perform  such  other 
duties  not  inconsistent  with  the  provisions  of  the  charter  as  may 
be  required  by  the  board  of  public  works  or  by  ordinance.  The 
superintendent  of  repairs  shall  appoint  and  discharge  all  em¬ 
ployes  and  subordinates  in  said  department,  and  upon  the  taking 
effect  of  Article  XV  of  this  charter  relating  to  civil  service,  he 
shall  appoint  and  discharge  appointees  and  subordinates  subject 
to  the  provisions  of  said  Article,  and  the  rules  made  pursuant 
thereto.  He  shall  hold  his  position  at  the  pleasure  of  the  board. 

Sec.  6.  After  the  taking  effect  of  this  charter  no  plat  of 
any  addition  to  the  city  or  in  the  city  or  of  any  subdivision  of 
lands  within  the  city,  shall  be  recorded  or  be  of  any  validity 
unless,  before  such  record,  the  approval  of  the  board  be  endorsed 
thereon.  Before  approving  any  such  plat  the  board  of  public 
works  shall  require  that  there  be  filed  in  its  office  a  certificate 


141 


from  the  proper  person  and  authorities  that  all  taxes  and  all 
liens  and  incumbrances  of  every  sort  on  that  part  of  the  land 
dedicated  or  conveyed  for  public  use  have  been  satisfied  of 
record. 

Plats  and  maps  of  additions  to  the  city  or  of  subdivisions 
of  land  in  the  city,  shall  be  made  according  to  the  general  law 
of  the  State  in  force  at  the  time.  Such  map  or  plat  shall  be 
acknowledged  by  the  proprietor  before  some  court  or  officer 
authorized  by  law  to  take  the  acknowledgment  of  conveyances 
of  real  estate,  and  recorded  in  the  office  of  the  recorder  of  deeds 
in  Jackson  county;  provided,  however,  that  before  any  such  plat 
shall  be  approved  by  the  board  of  public  works,  the  grade  of  the 
streets,  alleys,  avenues  and  public  highways  designated  thereon 
shall  be  established  by  ordinance,  and  the  said  approval  of  such 
board  shall  recite  the  number  and  date  of  approval  of  said  ordi¬ 
nance.  After  any  street,  avenue,  alley  or  public  highway  shall 
be  dedicated  by  any  such  map  or  plat  or  by  a  conveyance  to  the 
city  of  any  land  for  such  use,  and  the  grades  of  the  streets,  alleys 
and  public  highways  thereon  shall  be  established  as  aforesaid,  the 
city  shall  have  the  right  to  grade  the  same  to  the  grade  so 
established,  and  shall  have  an  easement  upon  the  land  abutting 
on  the  said' streets,  avenues ,"  alleys  and  public  highways  permit¬ 
ting  the  city  the  right  to  use  so  much  of  said  lands  as  will  enable 
the  city  to  provide  adequate  support  for  said  streets,  avenues, 
alleys  and  public  highways  in  case  of  any  fill  in  such  grade  neces¬ 
sitating  such  support.  In  lieu  of  such  easement  retaining  walls 
may  be  constructed  at  their  own  expense  by  the  owners  or  pro¬ 
prietors  of  said  abutting  lands  according  to  plans  approved  by 
the  board  of  public  works  and  under  its  supervision  and  control. 
Said  walls  may  be  so  constructed  at  the  time  said  grading  is 

done  or  at  any  time  thereafter  in  the  discretion  of  said  owner 

or  proprietor.  The  city  shall  have  the  right  to  grade  or  other¬ 
wise  improve  the  said  streets,  avenues,  alleys  and  public  high¬ 
ways,  without  making  compensation  for  damages  therefor  to 
other  lands  of  the  proprietor  making  the  map  or  plat,  or  to 

other  lands  of  the  maker  of  the  conveyance,  and  it  shall  be 

deemed  and  taken  by  all  courts  for  all  purposes,  that  just  com¬ 
pensation  was  made  for  such  damages  and  for  said  easements 
when  such  map  or  plat  or  conveyance  was  made,  or  that  the 
right  to  the  same  was  released,  so  that  neither  the  original  pro¬ 
prietor  nor  anyone  holding  under  such  proprietor,  shall  have 
a  right  to  compensation  for  such  damages;  provided,  however, 
that  if,  after  the  city  shall  have  established  the  grade  of  anv 
such  street,  avenue,  alley  or  public  highway  as  aforesaid,  and 
the  city  shall  thereafter  change  such  grade  and  re-grade  the 
same,  just  compensation  shall  be  made  for  damages  resulting  to 
any  property  from  such  change  of  grade  and  regrading. 


142 


Sec.  7.  No  ordinance  establishing  or  re-establishing  the 
grade  of  any  street,  avenue,  alley  or  public  highway,  or  estab¬ 
lishing  any  sewer  district,  or  providing  for  the  construction  of 
any  public,  district  or  joint-district  sewer,  shall  be  passed  by 
the  common  council,  unless  the  same  has  endorsed  thereon  a 
certificate  of  approval  by  the  board  of  public  works. 

Sec.  8.  Said  board  shall,  in  all  cases  not  in  this  charter 
otherwise  provided,  inaugurate  and  control  the  grading  and 
paving  of  all  streets,  avenues,  alleys  and  public  grounds;  the 
cleaning,  sprinkling,  repairing  and  improving  of  all  streets, 
alleys,  avenues  and  public  places;  the  construction,  altering  and 
repairing  of  all  bridges,  culverts,  receiving  basins,  sewers,  drains 
and  water  courses  under  the  jurisdiction  or  control  of  said  city; 
the  laying  of  gas  and  water  pipes  through  any  street  or  alley;  ' 
and  the  issuing  of  permits  for  connecting  with  gas,  water  or 
sewer  pipe,  and  for  the  erection  of  gas  lamps,  telegraph  poles, 
electric  light  poles,  and  street  car  poles ;  the  laying  down  and  re¬ 
pairing  of  all  sidewalks,  cross-walks,  curbing  and  guttering ;  the 
construction  of  all  vaults  under  any  portion  of  said  streets;  the 
construction,  repair,  alteration  and  removal  of  all  buildings, 
houses,  barns,  stables,  fences  and  other  similar  improvements 
upon  lots  and  lands  within  the  limits  of  the  city,  and  the  issuing 
of  permits  therefor;  the  construction  and  repair  of  the  city  hall, 
and  all  other  public  buildings  of  the  city,  and  shall  in  all  cases 
(where  no  other  provision  is  made  in  this  charter  for  so  doing), 
supervise  the  doing  of  all  other  public  work  and  improvements 
provided  for  in  this  charter,  and  of  all  other  public  work  and 
improvements  not  specifically  assigned  by  this  charter  to  some 
other  authority. 

Said  board  may  require  that  before  any  street  be  paved  the 
sewer,  water  and  gas  pipes  be  laid  therein,  and  connection  laid 
to  the  curb  in  front  of  each  lot. 

Nothing  in  this  article  contained  shall  be  so  construed  as  to 
in  any  wise  affect  the  exercise  by  the  board  of  park  commission¬ 
ers,  or  by  the  board  of  fire  and  water  commissioners,  of  the 
powers  conferred  and  duties  imposed  on  either  of  said  boards 
by  this  charter. 

Sec.  9.  Whenever  the  city  shall  construct  or  acquire  in 
any  way  the  ownership,  use,  occupation  or  control  of  any  gas, 
electric  light,  heat,  power  or  refrigeration  plant  or  works,  or 
any  other  kind  of  works  for  the  purpose  of  serving  the  city  or 
its  inhabitants,  or  any  other  person  or  corporation  with  light,  heat, 
refrigeration  or  power,  and  whenever  the  city  shall  construct, 
purchase  or  in  any  wise  acquire  any  subways,  tunnels,  bridges  or 
viaducts,  conducts,  wharves,  tracks,  depots,  terminals,  transporta- 


N 


143 


tion  lines,  telegraph  or  telephone  lines,  or  other  means  of  com¬ 
munication  or  transportation  or  any  other  property  within  the 
class  of  public  utilities,  the  same  shall  be  managed  or  controlled 
by  the  board  of  public  works,  under  such  regulations  as  the 
city  may,  by  ordinance,  from  time  to  time  provide. 

Sec.  10.  The  board  shall  also  have  the  power,  and  it  shall 
be  its  duty,  when  any  levee  district  has  been  established  by  the 
Common  Council,  to  devise  and  adopt  a  system  of  levees,  dikes, 
drains  and  other  works  for  the  protection  of  all  lands  within 
such  districts  from  floods  or  overflows,  and  select  and  designate 
lands  and  rights-of-way  to  be  used  and  appropriated  for  such 
levees  and  other  works,  and  to  carry  out  all  the  powers  and 
duties  imposed  upon  it  in  Article  XII  of  this  charter. 

Sec.  11.  Said  board  shall  also  exercise  such  other  powers 
and  perform  such  other  duties  in  the  superintendence  of  public 
works,  improvements  and  repairs  constructed  by  authority  of 
the  common  council  or  owned  by  the  city,  not  inconsistent  with 
the  provisions  of  this  charter,  nor  with  the  powers  of  the  city 
engineer,  as  may  be  prescribed  by  ordinance.  Said  board  shall 
make  all  necessary  rules  and  regulations  for  the  government 
of  its  department  not  inconsistent  with  this  charter  or  any  or¬ 
dinance  of  the  city. 

Sec.  12.  The  board  of  public  works  shall  establish  under 
its  supervision  a  department  of  street  cleaning,  and  shall  appoint 
a  commissioner  of  street  cleaning,  who  shall  have  the  control 
and  management  of  such  department.  The  commissioner  of 
street  cleaning  shall  have  direction  and  control  of  the  sweeping 
and  cleaning  of  the  streets  of  the  city,  including  all  avenues, 
alleys  and  highways  and  public  grounds  of  the  city,  except  such 
as  are  under  the  control  and  management  of  the  board  of  park 
commissioners,  and  shall  have  the  direction  and  control  of  the 
removal  or  other  disposition  of  street  sweeping  and  other  refuse 
and  rubbish  from  the^,  streets,  alleys,  avenues,  highways  and 
public  places,  and  of  the  removal  of  snow  and  ice  from  the 
leading  thoroughfares  and  from  such  other  streets  within  the 
city  as  may  be  found  practicable. 

Sec.  13.  The  commissioner  or  street  cleaning  may  ap¬ 
point,  subject  to  the  civil  service  laws,  rules  and  regulations 
contained  in  or  provided  for  by  this  charter,  one  deputy,  and 
such  clerks,  district  superintendents,  foremen,  employes  and 
laborers  as  may  be  provided  by  ordinance.  He  shall  organize 
a  sufficient  street  cleaning  force,  with  such  ranks,  grades  and 


144 


divisions  as  he  may  deem  necessary  for  the  effective  cleaning  of 
the  streets  and  within  the  limits  of  the  funds  at  the  disposal  of 
the  street  cleaning  department.  He  shall  keep  a  record  of  all  • 
of  his  expenditures  and  of  all  employes  under  him,  and  of  their 
wages,  and  shall  report  the  same  to  the  board  of  public  works 
at  the  end  of  each  week. 

Sec.  14.  It  shall  be  the  duty  of  the  commissioner  of  street 
cleaning  to  make  such  allotment  and  designation  of  the  areas 
to  be  covered  and  the  duties  to  be  performed  by  each  employe 
and  all  of  the  different  employes  of  the  department  as  he  shall 
deem  expedient,  and  he  may  transfer  one  or  more  of  such  em¬ 
ployes  from  one  district  or  section  of  the  city  to  another,  or 
temporarily  employ  all  or  any  part  of  said  employes  in  a  particu¬ 
lar  section. 

Sec.  15.  The  territory  within  the  limits  of  the  city,  for 
the  purposes  of  street  cleaning,  shall  be  at  all  times  divided  into 
the  same  number  of  districts,  with  the  same  boundaries  for  each 
district,  as  provided  in  this  charter  for  the  division  of  the  city 
into  park  districts ;  and  the  funds  in  this  article  provided  for  the 
use  of  the  department  of  street  cleaning,  shall  be  expended  in 
each  district  as.  nearly  as  possible  in  proportion  to  the  assessed 
valuation  of  the  real  property  in  such  district  as  shown  by  the 
books  of  the  city  assessor.  The  commissioner  of  street  cleaning 
shall  appoint  a  superintendent  in  each  district,  who  shall  be 
responsible  to  the  commissioner  for  the  cleanliness  of  the  streets 
in  his  respective  district,  and  for  the  faithful  performance  of 
the  duties  of  all  employes  under  him.  The  Common  Council  shall 
provide  for  the  office  and  general  headquarters  of  the  commis¬ 
sioner  at  the  city  hall,  and  may  provide  for  district  headquarters 
in  each  district  hereby  established,  which  shall  be  the  head¬ 
quarters  of  the  district  superintendent  and  the  employes  for 
such  district. 

Sec.  16.  There  shall  be  appropriated  annually  for  th£  use 
of  the  department  of  street  cleaning,  for  the  purpose  of  sweep¬ 
ing  and  cleaning  the  streets  as  provided  herein,  a  sum  of  money 
equal  to  seven  per  cent  of  the  total  revenues  of  the  city  exclusive 
of  any  sums  raised  from  special  assessment  or  special  taxes  on 
real  estate.  It  shall  be  the  duty  of  the  common  council  to  make 
monthly  appropriations  to  said  department  to  pay  the  expenses 
of  said  department,  including  wages,  salaries,  appliances  and 
supplies,  within  the  limits  of  said  seven  per  cent  of  the  total 
revenues  of  the  city,  above  provided.  The  common  council 
may  also  appropriate  to  the  use  of  such  department  such  addi¬ 
tional  sums  out  of  the  general  fund  of  the  city  as  may  be  neces- 


145 


sary  for  the  efficient  sweeping-  and  cleaning  of  the  streets  and 
the  carrying  out  of  the  purposes  of  this  article.  It  shall  be  the 
duty  of  the  board  of  public  works  to  include  in  its  annual  esti¬ 
mate  to  the  comptroller,  at  the  beginning  of  each  fiscal  year, 
such  an  amount  in  addition  to  the  seven  per  cent  herein  provided 
for  as  the  said  board  may  deem  necessary  for  the  use  of  the  de¬ 
partment  of  street  cleaning.  No  funds  appropriated  to  the  use 
of  the  department  of  street  cleaning  shall  be  used  for  any  other 
purposes  than  those  specified  in  this  article. 

Sec.  17.  The  commissioner  of  street  cleaning  is  hereby 
authorized  to  take  and  use  from  the  hydrants  and  water  pipes 
of  the  city,  under  such  reasonable  rules  and  regulations  as  may 
be  prescribed  by  the  Board  of  Fire  and  Water  Commissioners,  all 
water  which  he  may  deem  necessary  for  the  purpose  of  washing 
or  otherwise  cleaning  the  streets' of  the  city,  and.  for  all  other 
uses  of  his  department,  and  no  charge  or  debit  shall  be  made  on 
account  thereof  against  the  funds  appropriated  for  the  use  of 
said  department  of  street  cleaning. 

Sec:  18.  In  case  of  snowfall  or  other  emergency  the  com¬ 
missioner  of  street  cleaning,  or  his  district  superintendents,  may 
hire  or  temporarily  employ  such  and  so  many  men,  vehicles 
and  horses  as  shall  be  rendered  necessary  for  such  emergency, 
forthwith  reporting  such  action,  with  full  particulars,  to  the 
board  of  public  works;  but  no  man,  vehicle  or  horse  shall  be  so 
employed  for  a  longer  period  than  three  days,  except  that  any 
person  registered  or  eligible  to  appointment  on  the  list  of  the 
Civil  Service  Commissioners  may  be  temporarily  employed  at  any 
time  as  extra  employe,  to  fill  the  place  of  any  employe  who  is 
suspended  or  temporarily  absent  from  duty  from  any  cause. 

Sec.  19.  The  Common  Council  may,  upon  recommenda¬ 
tion  of  the  Mayor,  authorize  the  board  of  public  works  to  enter 
into  contracts  for  the  cleaning  of  any  street  or  streets,  in  any 
district,  cfr  for  the  part  or  whole  of  any  district,  provided  such 
contract  shall  be  publicly  let  to  the  lowest  and  best  bidder  and 
shall  not  be  for  a  period  longer  than  five  years.  The  work  to 
be  done  under  such  contracts  shall  be  under  the  supervision  of 
the  commissioner  of  street  cleaning  and  the  superintendent  of 
the  district  in  which  the  streets  to  be  cleaned  may  be  located. 
Such  contractors  shall  be  paid  out  of  the  funds  appropriated  for 
the  use  of  the  department  of  street  cleaning  and  set  apart  to  the 
particular  district  or  districts  in  which  said  work  is  done.  Such 
contractors  shall  in  every  case  give  such  bonds  for  the  faithful 
performance  of  such  contracts,  in  such  amounts  and  upon  such 


140 


conditions  as  may  be  required  by  ordinance  of  the  Common  Coun¬ 
cil. 

Sec.  20.  The  commissioner  of  street  cleaning  is  hereby 
authorized  and  empowered  from  time  to  time  to  make,  adopt 
and  enforce  reasonable  rules,  orders  and  regulations,  subject  to 
the  approval  of  the  board  of  public  works,  for  the  purpose  of 
carrying  out  the  purposes  of  this  article,  and  for  the  adminis¬ 
tration  and  discipline  of  said  department  and  the  members  and 
employes  thereof. 

Sec.  21.  The  common  council  shall,  by  ordinance,  provide 
that  all  carts  and  wagons  used  by  said  department  of  street  clean¬ 
ing  shall  be  of  such  size,  form  and  construction  as  to  prevent 
the  escape,  during  transit,  of  dust,  dirt  or  any  refuse  carried 
therein;  and  shall  pass  suitable  ordinances  for  the  prevention  of 
the  deposit  of  any  filth,  trash,  rubbish  or  other  refuse  in  any 
manhole  or  sewer  of  the  city,  or  upon  any  sidewalk,  street,  high¬ 
way  or  public  place  thereof,  or  upon  any  private  property  within 
the  limits  of  the  city,  except  with  the  consent  of  the  owner  of 
said  property  and  upon  a  permit  from  the  Board  of  Hospital  and 
Health  of  the  city,  and  shall  provide  suitable  penalties  for  the 
violation  of  such  ordinances.  It  shall  be  the  duty  of  the  commis¬ 
sioner  or  street  cleaning,  and  the  district  superintendents  and  all 
employes  in  said  department,  to  report  all  violations  of  said 
ordinances  to  the  chief  of  the  police  department,  and  to  lodge 
complaints  with  the  proper  officers  of  the  city,  giving  the  names 
of  the  persons  so  violating  said  ordinances.  The  commissioner 
of  street  cleaning  and  all  district  superintendents  and  foremen 
in  said  department,  shall  be  conservator  of  the  peace,  with  power 
to  arrest  any  person  who  may  violate  any  of  the  provisions  of 
said  ordinance. 

Sec.  22.  The  commissioner  of  street  cleaning  is  hereby 
authorized  from  time  to  time,  with  the  approval  of  the  board 
of  public  works,  to  prescribe  uniforms,  badges  or  insignia  to  be 
worn  and  displayed  by  employes  and  members  of  said  depart¬ 
ment,  and  to  prescribe  that  the  same  shall  be  worn  during  all 
hours  of  service. 

Sec.  23.  Nothing  in  this  article  shall  be  held  to  relieve 
any  owner  or  occupant  of  any  property  from  any  duties  imposed 
upon  him  by  ordinance  of  the  Common  Council  in  relation  to  the 
cleaning  of,  or  the  removal  of  filth,  snow,  ice,  dirt  or  other 
refuse  from  sidewalks  or  gutters  of  any  streets  upon  which  said 
property  fronts  or  abuts,  or  from  any  alley  in  the  rear  or  upon 
the  side  of  any  such  property.  The  common  council  may  pass 


147 


9  ' 

such  ordinances,  not  in  conflict  with  this  article  or  the  constitu¬ 
tion  and  laws  of  this  State,  as  it  may  deem  necessary  or  expedient 
for  more  fully  carrying  into  effect  or  enforcing  the  provisions  of 
this  article. 


Sec.  24.  Whenever  the  repair  of  any  street,  alley  or  high¬ 
way  of  the  city  is  necessary  in  order  to  expedite  the  cleaning 
of  streets  as  herein  provided,  the  commissioner  of  street  cleaning 
shall  report  such  fact  to  the  superintendent  of  repairs,  whose 
duty  it  shall  be  to  promptly  make  such  repairs. 

Sec.  25.  The  board  shall  keep  full  and  complete  records 
of  all  its  proceedings.  It  shall  keep  books  of  account  showing 
with  accuracy  the  receipts  and  expenditures  of  the  board  under 
such  plan  and  system  as  the  comptroller  may  prescribe.  It  shall 
classify  or  divide  the  various  works  and  interests  under  its  con¬ 
trol  into  branches,  as  far  as  may  be,  and  keep  an  accurate  ac¬ 
count  of  each  branch,  showing  the  amounts  expended  for  original 
improvements  and  construction,  and  the  amount  for  repairs, 
superintendence  and  other  expenditures,  exhibiting  the  source  of 
expenditure. 

It  shall  be  the  duty  of  the  board  to  make  a  report  in  writing 
to  the  Mayor  and  Common  Council  once  every  three  months,  or 
oftener  if  thereto  required,  giving  the  expenditure  of  the  differ¬ 
ent  branches  of  work  under  the  control  of  the  board,  and  embrac¬ 
ing  a  statement  of  the  condition,  progress  and  •  operation  of  the 
works  in  its  charge. 


\ 


ARTICLE  XI. 


Department  of  Fire  and  Water. 

Section  1.  There  is  hereby  established  within  the  city  an 
executive  department  to  be  known  as  the  Fire  Department  and 
an  executive  department  to  be  known  as  the  Water  Department, 
both  of  which  shall  be  under  the  control  and  management  of  a 
board  of  fire  and  water  commissioners.  Said  commissioners  shall 
be  appointed  by  the  Mayor  and  shall  be  well  known  for  their 
intelligence  and  integrity.  The  term  of  office  of  such  commis¬ 
sioners  shall  be  three  years;  provided,  that  the  first  commission¬ 
ers  appointed  hereunder  shall  so  classify  themselves  by  lot  that 
the  term  of  one  of  the  commissioners  shall  expire  at  the  begin¬ 
ning  of  the  fiscal  year  1909;  one  at  the  beginning  of  the  fiscal 
year  1910;  one  at  the  beginning  of  the  fiscal  year  1911,  and  at  the 
expiration  of  the  term  of  each  member  his  successor  shall  be 
appointed  by  the  Mayor  for  a  term  of  three  years  from  the  date 
of  the  expiration  of  the  official  term  of  his  predecessor.  The 
first  board  shall  be  appointed  forthwith  after  this  charter  takes 
effect.  Said  commissioners  shall  each  receive  the  sum  of  one 
thousand  dollars  per  year  as  compensation  for  their  services 
until  otherwise  provided  by  ordinance. 

The  first  board  appointed  hereunder  shall  organize  by  elect¬ 
ing  one  of  its  members  president,  and  the  members  of  said  board 
shall,  annually' thereafter,  elect  one  of  their  number  as  president 
of  said  board;  each  president  elected  hereunder  shall  hold  office 
for  one  year  and  until  his  successor  is  elected  and  qualified. 

The  board  shall  select  a  secretary  who  shall  not  be  a  mem¬ 
ber  of  the  board,  and  who  shall  serve  at  the  pleasure  of  the 
board. 

The  board  shall  hold  regular  meetings  at  least  once  each 
week,  and  as  many  special  meetings  as  it  may  deem  proper;  two 
members  of  said  board  shall  constitute  a  quorum  for  the  trans¬ 
action  of  business  and  an  affirmative  vote  of  at  least  two  mem¬ 
bers  shall  be  necessary  to  authorize  any  action  of  the  board. 

Sec.  2.  Said  board  of  fire  and  water  commissioners  shall 
have  power,  and  it  shall  be  its  duty  to  maintain  and  operate  a 
water  works  system  for  the  use  of  and  to  supply  the  city,  its 
inhabitants  or  any  person,  firm  or  corporation  with  water  within 
or  without  the  corporate  limits  of  said  city,  or  within  or  with¬ 
out  the  limits  of  the  State  of  Missouri.  Said  board  shall  have 
power  to  select  and  designate  the  lands  to  be  used  and  appro- 


priated  for  a  water  works  or  fire  department  within  or  without 
the  city  limits  and  within  or  without  the  State  of  Missouri,  and 
to  extend,  alter,  enlarge  and  modify  the  water  works  or  fire 
department  systems  of  Kansas  City. 

Said  board  shall  have  power  by  and  with  the  approval  and 
authority  by  ordinance  of  the  common  council,  to  lease,  control 
or  otherwise  acquire  in  the  name  of  the  city,  land  for  water 
works  or  fire  department  systems  or  for  purposes  appertaining 
thereto. 

r  • 

Said  board  shall  have  power  to  lay  water  pipes  and  supply 
water  along  such  streets,  avenues,  public  highways  or  alleys  or 
part  thereof,  or  in  such  places  within  or  without  the  city  or  with¬ 
out  the  State  of  Missouri,  and  under  such  terms  and  conditions 
as  it  may  deem  advisable ;  the  cost  of  laying  such  pipe  shall  be 
paid  out  of  the  sum  or  sums  appropriated  to  the  use  of  said  board 
as  hereinafter  provided.  The  necessary  excavations  and  fillings 
for  water  pipes  and  their  connections,  when  within  the  lines  of 
public  highways  of  the  city,  shall  be  made  under  the  supervision 
of  the  board  of  public  works. 

Sec.  3.  The  board  of  fire  and  water  commissioners  shall 
have  charge  of  the  entire  water  works  and  fire  department  sys¬ 
tems  of  the  city,  and  all  appurtenances  thereto  belonging  and 
shall  superintend,  control  and  manage  said  water  works  and 
fire  department  systems  and  all  property  appertaining  thereto  or 
necessary  or  convenient  for  accomplishing  the  purposes  contem¬ 
plated  by  this  article,  and  shall  enforce  the  performance  of  all 
contracts  and  work,  and  shall  have  custody  of  all  books,  assets 
and  property  belonging  to  or  appertaining  to  said  water  works 
and  fire  department  systems.  Said  board  may,  subject  to  the 
civil  service  laws,  rules  and  Regulations  prescribed  by  and  pro¬ 
vided  for  in  this  charter,  appoint  and  employ  such  chief  super¬ 
intendent  and  superintendents,  assessor  and  collector  of  water 
rates,  and  any  and  all  other  officers  and  employes  as  it  may  deem 
necessary  and  shall  prescribe  and  fix  their  duties. 

Sec.  4.  The  contracts  for  the  doing  of  all  work  and  the 
furnishing  of  all  materials  and  supplies  for  the  water  works  and 
fire  department  systems  shall  be  let  by  the  board  of  fire  and  water 
commissioners,  subject  to  the  provisions  of  article  IV  of  this 
charter  relating  to  the  city  purchasing  agent,  except  that  in  cases 
6f  emergency  when  the  purchasing  agent  is  unable  to  furnish 
materials,  machinery,  tools  and  supplies  immediately  necessary 
for  the  use  of  said  board,  the  same  may  be  purchased  by  the 
board  irrespective  of  the  purchasing  agent  and  without  competi¬ 
tive  bidding,  when  said  purchases  do  not  involve  an  expenditure 
of  more  than  five  hundred  dollars. 


150 


Sec.  5.  The  board  of  fire  and  water  commissioners  may 
require  owners,  or  lessees  or  their  agents,  of  houses,  stores  and 
other  buildings  in  the  city,  or  in  any  such  parts  thereof  as  they 
are  ready  to  supply,  to  take  out  licenses  for  the  use  of  water 
for  such  houses,  stores  or  buildings,  according  to  the  rates  or 
assessments  fixed  as  provided  in  this  article,  whenever  the  hos¬ 
pital  and  health  board  of  the  city,  or  the  proper  officer  desig¬ 
nated  by  it,  shall,  by  order  duly  made,  declare  that  the  use  of 
wTater  from  the  water  works  of  the  city  in  any  such  houses,  stores 
or  buildings  is  demanded  as  a  sanitary  measure  for  the  preserva¬ 
tion  of  the  health  of  the  inmates  or  inhabitants  of  such  houses, 
stores  or  buildings';  and  the  said  rate  of  assessments  shall  be  paid 
by  all  such  proprietors,  owners  or  lessees  or  their  agents,  as  well 
by  those  who  consent  as  by  those  who  refuse  to  place  in  their 
houses,  stores  and  buildings  the  water  pipe  to  convey  the  same, 
and  shall  be  payable  whenever  the  board  of  fire  and  water  com¬ 
missioners  shall  have  notified  the  proprietor,  owner,  lessee,  or  his 
agent,  of  the  readiness  of  said  board  to  supply  such  houses, 
stores  or  buildings  with  water  as  aforesaid.  The  parties  who 
fail  or  neglect  to  comply  with  the  provisions  of  this  section  shall 
be  subject  to  penalties  as  may  be  provided  by  ordinance. 

Sec.  6.  The  assessment  and  collection  of  water  rates  shall 
be  under  the  control  and  supervision  of  the  board  of  fire  and 
water  commissioners,  who  shall  appoint  an  assessor  and  collector 
of  water  rates,  who  shall  hold  office  during  the  pleasure  of  the 
board.  He  shall  have  authority  to  appoint,  subject  to  the  civil 
service  laws,  rules  and  regulations  contained  in  or  provided  for 
by  this  charter,  such  clerks  and  assistants  as  may  be  authorized 
by  said  board.  It  shall  be  the  duty  of  such  assessor  and  col¬ 
lector  to  collect  all  revenue  due  or  to  become  due  to  the  city  for 
water,  or  accuring  to  the  city  on  account  of  the  operation  of 
the  water  works  system. 

The  board  shall  have  power  to  make  corrections  and  adjust¬ 
ments  for  all  over-charges  or  errors  in  water  bills  collected  from 
or  charged  against  consumers  of  water.  All  refunds  shall  be 
made  out  of  the  funds  of  the  board  by  requisition  on  the  auditor 
for  warrants,  as  authorized  by  this  charter.  The  board  shall 
make  a  detailed  daily  report  to  the  comptroller  of  all  such  re¬ 
funds. 

Sec.  7.  The  assessor  and  collector  of  water  rates  shall 
each  day  pay  the  City  Treasurer  all  revenue  collected  on  account  1 
of  water  works,  and  then  on  hand,  and  take  duplicate  receipts 
for  the  same,  one  of  which  he  shall  file  in  his  office,  and  the 
other  he  shall  forthwith  deliver  to  the  auditor.  He  shall,  within 
the  first  six  days  of  each  month,  furnish  the  comptroller  with  a 


151 


full  and  complete  statement  of  all  collections  made  by  him  dur¬ 
ing  the  preceding  month,  and  also  the  number  of  blank  licenses 
on  hand  at  the  end  of  that  month. 

Sec.  8.  Blanks  for  water  licenses  shall  be  in  such  form  as 
may  be  prescribed  by  the  board,  and  the  comptroller  shall  coun¬ 
tersign  the  same  and  shall  issue  the  same  from  time  to  time  to 
the  assessor  and  collector  of  water  rates  and  take  his  duplicate 
receipt  therefor,  one  of  which  shall  be  filed  with  the  city  auditor, 
one  to  be  retained  in  the  comptroller’s  office,  which  latter  receipts 
shall  be  kept  in  well  bound  books.  The  comptroller  shall  exam¬ 
ine  each  monthly  statement  of  said  assessor  and  collector  of 
water  rates  and  certify  to  the  Auditor  and  to  the  board  of  fire 
and  water  commissioners  whether  the  same  be  correct  or  not. 

Sec.  9.  It  shall  be  the  duty  of  the  Common  Council,  by 
ordinance,  upon  recommendation  of  the  board  of  fire  and  water 
commissioners,  from  time  to  time,  to  fix,  alter  and  establish 
prices  and  rates  to  be  paid  for  the  use  of  water.  No  water  rate 
shall  be  allowed  or  fixed  by  any  other  principle  or  consideration 
than  that  of  producing  revenue,  and  exceptional  discriminations 
in  rates  are  forbidden.  Water  rates  shall  be  so  fixed  as  to  pro¬ 
duce  revenue  enough  to  pay  at  least  all  running  expenses,  the 
interest  on  all  bonds  issued  and  outstanding  for  water  works 
purposes  and  costs  of  all  repairs  of  the  works.  All  revenue  and 
income  derived  from  the  water  works  after  paying  all  salaries 
of  officers  and  employes,  running  expenses  and  cost  of  repairs, 
shall,  so  far  as  may  be  necessary  to  meet  the  same,  be  first  applied 
to  the  payment  of  interest  on  said  boncjs,  and  the  balance  thereof 
shall  go  to  the  sinking  fund  to  meet  the  principal  of  said  bonds, 
or  for  enlargements,  extensions  and  betterments  as  the  common 
council  may,  by  ordinance,  provide. 

Sec.  10.  If  deemed  advisable  by  the  law-making  authori¬ 
ties  of  the  city,  upon  recommendation  of  the  board  of  fire  and 
water  commissioners,  water  rates  may  be  so  fixed  by  ordinance 
as  to  produce  revenue  enough  to  pay  for  all  enlargements,  exten¬ 
sions  and  betterments  of  the  works,  in  addition  to  the  running 
expenses,  the  interest  on  all  bonds  issued  or  hereafter  to  be 
issued  and  outstanding  for  water  works  purposes,  and  costs  of 
all  repairs  of  the  works. 

Sec.  11.  Said  board  shall  make  an  annual  report  to  the 
Mayor  and  Common  Council  of  the  acts  of  said  board  of  fire  and 
water  commissioners  and  all  its  expenditures,  showing  the  con¬ 
dition  of  all  affairs  under  its  control.  Said  board  shall  also 


152 


cause  to  be  published  in  pamphlet  form,  at  least  once  in  four 
years,  a  comprehensive  report  of  the  operations  of  the  depart¬ 
ment,  for  public  distribution. 

Sec.  12.  Said  board  shall  have  charge,  management  and 
control  of  all  the  city’s  fire  engines  and  means  and  apparatus 
used  or  provided  for  the  extinguishment  and  prevention  of  fires 
and  of  all  buildings,  houses  and  places  of  the  city  used  in  keep¬ 
ing  and  preserving  the  same,  and  generally  shall  have  full  charge 
and  control  of  the  management,  operation,  extension,  enlarge¬ 
ment  and  betterment  of  the  fire  department  system  of  the  city, 
subject  to  the  provisions  of  this  charter. 

Sec.  13.  Said  board  shall  appoint  a  fire  chief  to  serve  dur¬ 
ing  the  pleasure  of  the  board.  It  shall  also,  from  time  to  time, 
divide  the  places  of  employment  and  service  in  the  fire  depart¬ 
ment  into  positions,  naming  them,  grading  according  to  the 
importance  of  the  duties  to  be  performed  by  the  employes  occu¬ 
pying  such  positions.  The  chief  of  the  fire  department,  and  all 
other  persons  in  the  employ  of  the  fire  department  at  the  date 
of  the  taking  effect  of  this  charter  shall,  upon  the  taking  effect 
of  this  charter,  be  deemed  to  have  been  appointed  to  and  em¬ 
ployed  in  their  present  positions  and  places  of  employment  by 
said  board  of  fire  and  water  commissioners  at  the  same  com¬ 
pensation,  without  further  or  additional  appointment  or  employ¬ 
ment,  except  that  the  said  chief  of  the  fire  department  shall 
henceforth  be  known  as  Fire  Chief. 

Sec.  14.  Except  as  provided  in  the  next  preceding  sec¬ 
tion  of  this  article,  and  with  the  exception  of  the  Fire  Chief,  no 
person  shall  be  taken  into  the  service  of  the  fire  department  other¬ 
wise  than  in  accordance  with  the  civil  service  laws,  rules  and 
regulations  contained  in  or  provided  for  by  this  charter.  All 
employments  in  the  fire  department  shall,  in  the  first  instance, 
be  for  a  probationary  period  of  six  months,  during  which  time 
such  probationers  shall  perform  such  substitute  duties  in  the 
department  and  shall  receive  such  per  diem  compensation  for 
the  actual  time  engaged  in  the  performance  of  such  duties  as  the 
board  shall  prescribe.  Such  probationers  shall  be  numbered  by 
the  Fire  Chief  in  the  order  in  which,  according  to  merit,  they  are 
certified  for  employment  from  the  eligible  list  of  the  civil  sendee 
commission,  and  each  probationer  who  by  such  actual  experience 
manifests  his  fitness  for  duty  as  a  fireman  shall  be  selected  for 
regular  employment  in  the  department  in  the  same  relative  order. 

Sec.  15.  Said  board  shall  organize  fire,  hose,  ax,  chemi¬ 
cal,  hook  and  ladder  and  other  fire  fighting  companies  and  em- 


153 

f 

ploy  a  suitable  number  of  able  and  reputable  inhabitants  of  the 
city  as  firemen  to  take  the  care  and  management  of  the  engines 
and  apparatus  and  implements -used  and  provided  for  the  extin¬ 
guishment  of  fires,  and  shall  prescribe  the  duties  of  firemen,  and 
make  rules  and  regulations  for  their  government,  and  impose 
reasonable  penalties  for  violation  of  the  same.  Said  board  shall 
from  time  to  time,  determine  and  fix  the  quantity,  kind,  char¬ 
acter  and  quality  of  all  equipment,  apparatus  and  supplies  needed 
by  said  fire  department,  including  means  of  giving  and  receiv¬ 
ing  fire  alarms,  and  shall  purchase  and  pay  for  the  same  as  pro¬ 
vided  in  this  charter. 

Sec.  16.  The  Fire  Chief  shall  be  responsible  for  the  disci¬ 
pline,  good  order  and  proper  conduct  of  the  employes  under  him 
in  the  whole  fire  department,  the  enforcement  of  all  laws,  ordi¬ 
nances,  rules  and  regulations  pertaining  thereto,  and  for  the  care 
and  condition  of  the  houses,  engines,  hose,  carriages  and  all 
property  of  the  department.  He  shall  have  the  superintendence, 
control  and  command  of  all  the  officers  and  men  belonging  to  the 
department,  and  full  power  to  remove,  discharge  and  suspend 
them,  or  any  of  them,  and  shall  also  have  charge  of  all  the 
engine  houses  used  by  the  department,  and  of  all  the  engines  and 
fire  apparatus  belonging  to  the  city.  He  shall,  likewise,  have 
full  control  of  all  persons  present  at  fires,  and  to  that  end  shall 
ex-officio  have  and  exercise  all  the  powers  of  the  chief  of  police 
of  the  city  thereat,  and  all  of  his  subordinates  shall  have  the 
same  powers  as  policemen.  He  shall  have  power,  if  need  be,  to 
summon  any  and  all  persons  present  to  aid  in  extinguishing  any 
fire,  in  removing  personal  property  from  any  building  on  fire 
or  in  danger  thereof,  and  in  guarding  the  same,  and  any  person 
refusing  to  obey  such  summons  shall  be  deemed  guilty  of  a  mis¬ 
demeanor.  He  shall  also  have  power  to  order  the  cutting  down 
and  removing  of  any  building,  erection,  fence  and  thing,  if  he 
shall  deem  it  necessary  for  the  purpose  of  checking  the  progress 
of  any  fire.  In  case  of  the  absence  of  said  Fire  Chief  from  any 
fire,  the  assistant  in  the  department  of  the  highest  rank  then 
present  shall,  for  the  time,  have  the  powers  and  perform  the 
duties  of  such  Fire  Chief.  The  Fire  Chief  or  the  assistant  in  com¬ 
mand  at  any  fire  may  prescribe  limits  in  the  vicinity  of  such  fire 
within  which  no  person,  excepting  those  who  reside  therein, 
members  of  the  fire  department  or  the  police  department,  and 
those  admitted  by  order  of  the  officers  of  the  fire  department, 
shall  be  permitted  to  come. 

Sec.  17.  It  shall  be  the  duty  of  the  Common  Council  to 
appropriate  and  set  apart  twenty-five  per  cent  of  the  total  amount 
received  by  the  city  from  the  tax  on  foreign  insurance  com¬ 
panies  to  aid  in  the  creation  of  a  fund  for  the  purposes  set  forth 


164 


in  the  act  of  the  general  assembly  of  the  State  of  Missouri, 
entitled,  “An  act  to  provide  for  the  creation,  maintenance  and 
management  of  funds  for  the  pensioning  of  crippled,  disabled  and 
retired  firemen,  and  for  the  relief  of  widows,  minor  children  and 
dependents  of  the  deceased  firemen;  the  retirement  from  service 
of  members  of  the  fire  department,  and  the  pensioning  of  mem¬ 
bers,  their  widows,  minor  children  and  dependents  in  all  cities 
in  this  State  which  now  have  or  which  hereafter  acquire  a  pop¬ 
ulation  of  more  than  one  hundred  thousand  inhabitants:  Ap¬ 
proved  March  23rd,  1903.” 

Such  appropriation  shall  be  made  as  soon  as  the  money  has 
been  actually  received  into  the  city  treasury  from  said  tax  on 
foreign  insurance  companies,  and  the  organization  of  said  board 
of  trustees  fully  completed  as  provided  in  said  Act  of  the  Gen¬ 
eral  Assembly. 

Sec.  18.  The  management  and  control  of  such  fund  shall 
be  governed  by  all  the  provisions  and  limitations  in  said  Act  of 
the  General  Assembly  contained. 

Sec.  19.  Whenever  the  city  shall  have  paid  into  said  fund 
as  aforesaid,  the  sum  of  one  hundred  thousand  dollars,  no  fur- 
there  appropriation  shall  be  made  by  the  city  to  said  fund  except 
by  ordinance  passed  by  an  affirmative  vote  of  at  least  two-thirds 
of  the  members  elect  of  each  house  of  the  Corpmon  Council. 

Sec.  20.  The  Common  Council  shall  have  power  to  pass  all 
such  ordinances  not  in  conflict  with  this  charter  or  the  constitu¬ 
tion  and  laws  of  the  State,  as  it  shall  deem  proper  to  more  fully 
carry  out  the  objects  and  purposes  of  this  article. 


ARTICLE  XII. 


Establishment  and  Maintenance  of  Levee  Districts. 

Section  1.  The  common  council  shall  have  power  to  pro¬ 
vide  for  the  establishment  of  levee  districts  within  the  city  limits 
and  for  the  construction  of  levees,  dikes,  drains  and  other  works 
therein,  for  the  protection  of  the  lands  within  such  levee  districts 
from  floods  or  overflow  of  waters,  and  for  the  acquisition  of 
lands,  right-of-way,  and  other  rights  required  therefor  by  the 
city,  by  purchase,  condemnation  or  otherwise,  including  railroad 
property.  The  cost  of  such  land,  rights-of-way  and  other  rights, 
and  of  the  construction  of  said  levees,  dikes,  drains  and  other 
works  within  any  levee  district  may  be  paid  by  assessment  of 
benefits  upon  all  the  lands  within  said  levee  district,  exclusive  of 
improvements  thereon,  or  out  of  the  general  fund  of  the  city, 
or  by  the  issue  and  sale  of  the  bonds  of  the  city  according  to 
law,  or  partly  by  assessment  and  partly  out  of  the  general  fund, 
as  may  be  provided  by  ordinance;  or,  when  two  or  more  of  such 
levee  districts  may  be  joined  as  one  benefit  district  as  herein¬ 
after  provided,  for  the  acquisition  of  such  lands  or  rights,  and 
the  construction  of  such  improvements,  the  Common  Council  shall 
have  power,  by  ordinance,  to  provide  that  the  cost  of  such  acqui¬ 
sition  and  construction  may  be  paid  by  assessment  of  benefits 
upon  the  lands,  exclusive  of  improvements  thereon,  in  all  such 
districts  so  joined. 

Sec.  2.  The  board  of  public  works  shall  have  the  power, 
and  it  shall  be  its  duty,  when  any  such  levee  district  has  been 
established  by  the  Common  Council,  to  devise  and  adopt  a  system 
of  levees,  dikes,  drains  and  other  works  for  the  protection  from 
floods  or  overflow,  of  all  lands  within  such  levee  district,  and  to 
select  and  designate  lands  and  rights-of-way  to  be  used  and 
appropriated  for  levees  and  others  works  necessary  for  the  uses 
of  said  district,  and  recommend  to  the  Common  Council  the  acqui¬ 
sition  of  such  lands  and  other  rights  and  the  construction  of 
such  works. 

And  said  board  of  public  works  shall  cause  accurate  sur¬ 
veys,  maps  and  profiles  to  be  made  of  levees,  dikes,  drains  and 
other  works  to  be  constructed,  and  shall  estimate  and  calculate 
the  cost  of  the  construction  of  the  same,  and  the  city  engineer 
and  his  assistants  shall  assist  said  board  when  required,  and  the 
board  may,  if  authorized  so  to  do  by  the  common  council,  employ 
additional  experienced,  suitable  and  competent  engineer  or  engin- 


166 


eers  to  assist  said  board,  and  the  board  shall  make  a  written 
report  to  the  Common  Council  of  its  conclusions,  showing  the 
amount,  character  and  kind  of  work  to  be  done,  the  location  and 
probable  cost  thereof,  for  the  information  and  use  of  the  Com¬ 
mon  Council. 

Sec.  3.  The  Common  Council  may  provide,  by  ordinance, 
for  the  acquisition  of  land,  rights-of-way  and  other  rights  re¬ 
quired  by  the  city  in  the  exercise  of  the  powers  conferred  in  this 
article,  in  the  manner  provided  in  Article  VI  of  this  char¬ 
ter  relating  to  .condemning  and  damaging  private  property,  or 
as  hereinafter  provided. 

Sec.  4.  The  Common  Council  may  provide  in  the  ordinance 
for  the  acquisition  of  the  land,  rights-of-way  and  other  rights 
required  as  aforesaid,  and  for  the  construction  of  the  levees, 
dikes,  drains  and  other  works  proposed,  in  which  case  the  acqui¬ 
sition  of  the  land,  rights-of-way  and  other  rights,  and  the  assess¬ 
ment  of  the  costs  and  damages  on  account  of  the  acquisition  of 
the  same,  and  the  assessment  of  benefits  to  pay.  therefor,  and 
the  assessment  of  benefits  to  pay  for  the  construction  of  said 
levees,  dikes,  drains  and  other  works,  may  be  had  and  done  in 
one  and  the  same  judicial  proceeding. 

The  benefit  district  in  any  such  proceeding  may  include  one 
or  more  levee  districts  as  may  be  provided  by  ordinance.  And 
in  such  ordinance,  separate  descriptions  of  each  piece  or  parcel 
of  private  property  to  be  taken  will  not  be  required,  but  it  shall 
be  a  sufficient  description  of  the  property  to  be  taken,  purchased 
or  damaged,  to  give  a  description  of  the  entire  tract  by  metes 
and  bounds,  whether  the  same  shall  be  composed  of  one  or  more 
than  one  piece  or  parcel. 

After  the  passage  of  such  ordinance,  the  city  engineer,  or 
his  assistants,  shall  make  out  and  deliver  to  the  board  of  public 
works  a  statement,  by  map,  plat  or  otherwise,  containing  a  cor¬ 
rect'  description  of  the  several  lots  or  parcels  of  private  property 
to  be ,  purchased,  taken  or  damaged,  and  containing  also  the 
names  of  the  owners  so  far  as  known  of  such  lots  or  parcels  of 
land,  if  any,  to  be  taken  or  damaged,  or  of  any  estate  or  inter¬ 
est  therein,  who  may  be  such  at  the  time  of  the  taking  effect  of 
the  ordinance  providing  for  the  taking  or  damaging  of  such 
private  property. 

Sec.  5.  After  the  passage  of  the  ordinance  as  specified  in 
the  foregoing  section  providing  for  the  construction  in  any  levee 
district  or  districts  of  any  levee,  dike,  drain  or  other  works,  or 
system  of  levees,  dikes,  drains  or  other  works,  and  the  acquisition 
of  the  land,  rights-of-way  and  other  rights,  if  any,  required 


157 


therefor,  the  board  of  public  works  shall  cause  plans  and  speci¬ 
fications  to  be  made  for  the  work,  and  shall  make  estimates  and 
calculations  of  the  cost  of  such  work,  exclusive  of  the  cost  fcf 
the  land,  rights-of-way  and  other  rights  to  be  acquired,  and 
damages  sustained  by  virtue  of  said  improvements,  and  to  that 
end,  may  advertise  for  bids  or  proposals  for  the  whole  or  any 
part  of  the  work;  and  the  said  board  shall  be  aided  in  making 
said  estimates  and  calculations  by  the  city  engineer  and  his  assist¬ 
ants,  and  by  such  other  persons,  if  any,  as  may  be  employed  by 
said  board  by  authority  of  the  Common  Council,  the  cost  of  such 
work  to  include  the  cost  of  any  material  required  for  the  said 
work;  and  such  estimates  and  calculations  of  the  cost  of  such 
work,  when  completed,  shall  be  certified  to  under  the  hand  of 
the  president  and  secretary,  and  a  record  thereof  shall  be  made 
and  kept  in  the  office  of  said  board;  and  said  estimates  and  cal¬ 
culations  of  the  board  shall  be  conclusive  as  to  the  cost  of  such 
work  in  all  proceedings  for  the  assessment  of  benefits  to  pay 
therefor  as  hereinafter  provided. 

After  the  plans  and  specifications  of  the  work  provided  by 
the  said  ordinance  to  be  done,  and  the  estimates  and  calculations 
of  the  cost  of  the  same,  shall  have  been  completed,  the  city  shall 
file  a  proceeding  in  the  circuit  court  of  Jackson  county,  Missouri, 
at  Kansas  City,  in  the  name  of  the  city,  the  same  to  be  conducted 
in  all  respects  as  proceedings  for  the  condemnation  of  lands  for 
the  establishment  of  parks  and  boulevards  as  provided  in  Article 
XIII  of  this  charter.  In  the  petition  filed  by  the 
city  in  such  proceeding,  the  city  shall  allege  the  passage  and 
approval  of  the  odinance  providing  for  the  work  specified  therein 
to  be  done,  the  condemnation  of  land,  rights-of-way  and  other 
rights  required  therefor,  if  the  same  shall  have  been  provided 
for  in  the  ordinance,  and  the  estimated  cost  of  the  work  as  shown 
by  the  record  of  the  board  of  public  works,  and  the  prayer  of 
the  petition  shall  be  that  the  court  shall  summon  a  jury  of  six 
freeholders  who  shall  not  be  interested  in  any  property  or  rights 
to  be  taken,  purchased  or  damaged,  for  the  assessment  of  the 
costs  and  damages  on  account  of  the  property  and  rights  to  be 
taken  or  damaged,  and  the  benefits  arising  from  said  proposed 
improvement,  including  all  benefits  to  the  city  at  large,  and  that 
the  court  shall  find  and  determine  the  validity  of  said  ordinance, 
and  the  amount,  if  any,  for  which  the  respective  lots,  tracts,  and 
parcels  of  land  within  the  benefit  district  described  in  the  ordi¬ 
nance  shall  be  charged  for  the  acquisition  of  the  property  and 
rightS'to  be  acquired,  if  any,  and  the  construction  of  the  improve¬ 
ments  provided  for  by  said  ordinance. 

Sec.  6.  Service  of  process  in  the  proceedings  specified  in 
the  preceding  section  shall  be  governed  by  the  provisions  of 


158 


Article  XIII  of  this  charter,  relating  to  service  of 
notice  and  summons  in  proceedings  for  the  ascertainment  of 
benefits  and  damages  for  the  condemnation  of  lands  for  parks 
and  boulevards.  In  such  proceeding,  the  city  may  offer  in  evi¬ 
dence  the  plans  and  specifications  of  the  work  to  be  done  and 
improvements  to  be  made  as  provided  by  the  ordinance  and 
approved  by  the  board  of  public  works  together  with  the  esti¬ 
mates  of  the  cost  of  such  work  and  improvements  as  determined 
by  the  board  of  public  works,  and  may  offer  evidence  tending 
to  prove  the  validity  of  said  ordinance  and  proposed  lien,  the 
value  of  the  land  and  rights-of-way  and  other  rights  to  be  taken, 
if  any,  the  damages  to  be  suffered  by  any  and  all  persons  on 
account  of  the  construction  of  said  dikes,  levees,  drains  and  other 
works,  and  the  benefits  to*  each  and  every  tract  and  parcel  of 
land  within  the  said  levee  or  benefit  district  sought  to  be  pro¬ 
tected,  and  to  the  city  at  large;  and  the  respective  owners  of 
lots,  tracts  and  parcels  of  land  within  said  benefit  district  will 
have  the  right  to  introduce  evidence  tending  to  show  the  invalid¬ 
ity  of  such  ordinance  and  of  said  proposed  lien  against  the 
respective  lots,  tracts  and  parcels  of  land  within  said  benefit  dis¬ 
trict,  and  shall  have  the  right  to  have  determined  the  question 
of  whether  or  not  the  owner  of  any  lot,  tract  or  parcel  of  land 
shall  be  charged  with  such  lien,  and  shall  have  the  right  to  offer 
evidence  as  to  any  damages  to  any  lot,  tract  or  parcel  of  land 
sought  to  be  taken,  or  any  lot,  tract  or  parcel  of  land  or  other 
property  alleged  to  be  damaged,  and  as  to  the  benefit  or  want  of 
benefit  to  any  lot,  tract  or  parcel  of  land  sought  to  be  assessed 
with  benefits,  and  to  the  city  at  large. 

And  to  pay  compensation  for  the  land,  property  and  other 
rights  to  be  acquired  and  damages  suffered  and  to  pay  the 
estimated  cost  of  the  work  to  be  done  and  improvements  to  be 
made,  the  jury  of  freeholders  shall  estimate  the  amount  of  bene¬ 
fit  to  the  city  at  large,  and  shall  estimate  the  value  of  the  bene¬ 
fits  of  the  proposed  improvements  to  each  and  every  lot,  piece 
and  parcel  of  private  property,  exclusive  of  the  buildings  and 
improvements  thereon  within  the  benefit  district,  if  any  benefit 
is  found  to  accrue  thereto;  and  in  case  the  total  of  such  benefits, 
including  the  benefits  to  the  city  at  large,  equals  or  exceeds  the 
amount  of  compensation  assessed  or  to  be  paid  for  the  property 
and  rights  purchased,  taken  or  damaged,  and  the  cost  of  the 
improvement  as  estimated  by  the  board  of  public  works,  or  such 
portion  of  said  compensation  and  cost  as  by  said  ordinance  is 
provided  to  be  paid  by  the  assessment  of  benefits,  then  said 
jurors  shall  assess  against  the  city  the  amount  of  benefits  to  the 
city  as  aforesaid,  and  shall  assess  the  balance  of  the  cost  of  such 
improvement,  inclusive  of  the  cost  of  the  property  and  rights 


169 


acquired  and  damages  sustained,  or  so  much  of  the  cost  thereof 
as  by  said  ordinance  is  to  be  paid  by  assessment  of  benefits, 
against  the  several  lots  and  parcels  of  private  property  found 
benefited,  each  lot  or  parcel  of  ground  to  be  assessed  with  an 
^mount  bearing  the  same  ratio  to  such  balance  as  the  benefit  to 
each  lot  or  parcel  bears  to  the  whole  benefit  to  all  the  private 
property  assessed. 

And  the  jury  of  freeholders  shall  render  a  verdict  which 
shall  show: 

First :  A  correct  description  of  each  piece  or  parcel  of  pri¬ 
vate  property  taken,  if  any,  and  the  value  thereof  as  found  by 
said  jury,  and  of  each  piece  or  parcel  of  private  property  or  other 
property  damaged,  and  the  amount  of  damages  thereto  as  found 
by  said  jury,  and  the  description  of  rights-of-way  or  any  other 
rights  to  be  acquired  by  the  proceeding  and  the  value  thereof 
as  found  by  said  jury. 

Second :  The  estimated  cost  of  constructing  the  improve¬ 
ments  as  determined  by  the  board  of  public  works. 

Third :  The  amount,  if  any,  assessed  against  the  city, 
which  shall  stand  as  a  judgment  against  the  city;  and  shall  show 
the  amount  of  benefits  assessed  against  each  piece  or  parcel  of  pri¬ 
vate  property  found  benefited  within  the  benefit  district  to  pay 
the  compensaion  awarded  for  property  taken  or  damaged,  or 
rights  acquired,  and  to  pay  the  estimated  cost  of  construction  of 
the  proposed  improvements  provided  for  in  said  ordinance. 

The  provisions  of  Article  XIII  of  this  charter 
relating  to  the  making  up  and  signing  of  the  verdicts  of  juries 
of  freeholders  in  the  acquisition  of  lands  for  parks  and  boule¬ 
vards,  and  the  duties  of  the  city  engineer  and  city  assessor  and 
their  assistants  in  relation  thereto,  shall  apply  to  the  making  up 
and  signing  of  the  verdicts  of  such  juries  in  the  cases  specified 
in  this  article. 

Sec.  7.  The  proceedings  specified  and  the  rights  conceded 
in  Article  XIII  of  this  charter,’  including  the  waiver 
of  such  rights,  as  set  forth  therein,  where  property  is  taken  or 
damaged  for  public  use  for  parks  and  boulevards,  where  the 
owner  or  claimant  therefor  is  an  incorporated  company  entitled 
under  the  law  of  the  land  to  a  trial  of  its  claim  for  compensation 
by  a  common  law  jury,  shall  be  had  in  cases  of  land,  rights-of- 
way  or  other  rights  to  be  condemned  or  damaged  for  the  pui- 
poses  of  this  article,  when  such  incorporated  company  shall  de¬ 
mand  a  trial  of  its  claim  for  compensation  before  a  common  law 
jury  of  twelve  men. 


160 


Sec.  8.  After  the  jury  shall  render  its  verdict  the  same 
may  be  reviewed  by  the  court  on  its  own  motion,  or  on  the 
motion  of  any  party  interested,  which  shall  be  filed  and  heard  in 
the  manner  provided  in  Article  XIII  of  -this  charter 
for  reviewing  verdicts  of  jurors  in  condemnation  cases  relating 
to  parks  and  boulevards,  and  the  court  may  set  aside  such  ver¬ 
dict  and  order  a  new  trial;  or,  the  court  may  render  judgment 
that  such  ordinance,  or  the  award  of  damages  or  the  assessment 
of  benefits,  are  in  whole  or  in  part  invalid  and  illegal.  The 
verdict,  unless  set  aside  as  aforesaid,  shall  be  confirmed  by  the 
court,  and  the  court  shall  render  judgment  that  the  said  ordi¬ 
nance  and  assessments  are  valid,  and  that  the  city  have  and  hold 
the  property  and  rights  sought  to  be  taken,  upon  payment  of  the 
compensation  assessed  for  the  use  of  the  persons  entitled  thereto, 
for  the  purposes  specified  in  the  ordinance  providing  for  said 
improvement,  and  that  the  city  pay  the  benefits  assessed  against 
said  city,  if  any  there  be;  that  the  city  shall  recover  the  respec¬ 
tive  amounts  assessed  against  private  property,  and  that  the 
several  lots,  tracts  and  parcels  of  private  property  assessed  to  pay 
compensation  for  the  verdict  stand  severally  charged,  and  be 
bound,  for  the  payment  of  the  respective  assessments  and  inter¬ 
est  that  may  accrue  thereon;  and  if  said  assessments  are,  by 
the  ordinance  aforesaid,  made  payable  in  more  than  one  install¬ 
ment,  the  judgment  shall  so  recite. 

Sec.  9.  Said  assessments  to  pay  for  said  improvements 
may  be  payable  in  one  installment,  or  in  such  number  of  annual 
installments  as  may  be  determined  by  the  Common  Council,  such 
determination  to  be  set  forth  in  the  ordinance  of  the  Common 
Council  under  which  said  proceedings  are  instituted. 

• 

Sec.  10.  The  provisions  of  Article  XIII  relating  to 
the  time  and  manner  of  payment  of  assessments  charged 
against  lands  for  the  acquisition  and  establishment  of  parks  and 
boulevards  which  are  payable  in  one  or  more  installments,  and 
the  rate  of  interest  on  said  assessments,  and  the  penalties  speci¬ 
fied  for  non-payment,  and  the  manner  of  payment,  and  the  col¬ 
lection  of  the  same,  shall  apply  to  the  assessments  made  in  pur¬ 
suance  of  this  article,  and  all  provisions  relating  to  the  duties  of 
the  City  Treasurer  in  the  matter  of  special  assessments  provided 
in  said  Article  XIII  including  the  records  to  be  kept 
and  the  sale  of  lands  under  execution  for  non-payment  of  such 
assessments,  and  the  application  of  the  assessments  to  the  pur¬ 
poses  for  which  they  are  made,  shall  apply  to  the  City  Treasurer 
in  relation  to  the  assessments  made  in  pursuance  of  the  authority 
of  this  article. 


161 


Sec.  11.  Any  party  aggrieved  by  any  verdict  and  judg¬ 
ment  aforesaid,  may  take  an  appeal  therefrom  by  filing  such 
affidavit  as  is  required  in  the  appealing  of  civil  cases,  and  filing 
a  bond  in  such  sum  and  with  such  security  as  may  be  approved 
by  the  circuit  court,  or  judge  thereof,  conditioned  that  the  party 
appealing,  should  the  judgment  be  affirmed  by  the  appellate 
court,  or  such  appeal  be  dismissed,  pay  all  costs  of  such  appeal. 
The  bond  and  affidavit  for  such  appeal,  however,  shall  be  filed 
within  twenty  days  from  the  rendition  of  the  judgment  of  con¬ 
firmation  of  the  verdict,  and  the  appeal  shall  be  perfected  withm 
sixty  days  from  the  date  of  said  judgment,  unless  further  time 
be  granted  by  the  court.  In  case  of  appeal,  the  judgment  shall 
stand  suspended  until  the  appeal  is  disposed  of,  and  no  interest 
shall  be  allowed  or  collected  on  the  judgment  or  on  the  assess¬ 
ments,  until  said  judgment  be  affirmed  or  appeal  be  dismissed. 
No  writ  of  error  shall  be  allowed.  The  clerk  of  the  appellate 
court  shall  put  such  case  on  the  docket  for  hearing  at  the  next 
term  of  that  court  after  the  appeal  is  allowed.  No  error  nor 
defect  not  affecting  the  rights  of  the  appellant  shall  work  a 
reversal  of  the  judgment. 

Sec.  ^12.  The  Common  Council  shall  have  the  power,  at 
any  time  before  any  of  the  parties  assessed  with  benefits  shall 
have  paid  the  amount  so  assessed,  to  repeal  the  ordinance  order¬ 
ing  the  proposed  improvement,  if  such  repeal  be  deemed  for 
the  best  interests  of  the  city;  and  in  such  event,  the  judgment 
for  compensation  and  benefits  shall  be  void. 

Sec.  13.  After  the  judgment  of  confirmation  of  such  ver¬ 
dict  and  proceedings,  the  clerk  of  said  court  shall  certify  under 
the  seal  of  said  court,  to  two  copies  of  said  verdict,  one  of  which 
copies  he  shall  deliver  to  the  City  Treasurer,  and  one  to  the 
Comptroller,  and  said  assessment  for  benefits,  if  any,  against  pri¬ 
vate  property,  shall  be  a  lien  from  the  date  of  the  taking  effect 
of  the  ordinance  in  pursuance  of  which  said  assessments  are 
made  and  said  proceedings  instituted,  and  shall  attach  to  the 
several  lots  or  parcels  of  land  so  assessed  with  benefits  as  afore¬ 
said;  and  said  lien  shall  continue  against  each  lot  or  parcel 
assessed  until  the  assessment  against  each  lot  or  parcel  has  been 
paid  or  collected  in  full,  both  principal  and  interest.  No  assess¬ 
ment  shall  be  defeated  or  affected  by  any  irregularity  affecting 
any  other  assessment  or  from  the  rendering  of  any  other  assess¬ 
ment  invalid  in  whole  or  in  part. 

Sec.  14.  After  the  confirmation  by  the  circuit  court,  or 
appellate  court  on  appeal,  as  hereinbefore  provided,  of  any  ver- 


182 


diet  in  any  proceeding  in  which  special  benefits  are  assessed 
against  real  estate  as  compensation  for  property  or  rights  pur¬ 
chased,  taken  or  damaged  and  to  pay  for  all  work  to  be  done 
and  improvements  made  for  the  purposes  specified  in  this  arti¬ 
cle,  the  common  council  for  the  purpose  of  raising  money  in 
advance  of  the  dates  when  assessments  are  due,  to  pay  for  land 
purchased,  taken  or  condemned,  and  work  to  be  done  and  im¬ 
provements  to  be  made  or  constructed,  may  provide  by  ordi¬ 
nance  that  the  city  treasurer  shall  issue  levee  fund  certificates 
in  amount  not  to  exceed  the  total  amount  of  assessments  against 
the  private  property  shown  in  any  such  verdict  and  unpaid  at 
the  expiration  of  the  said  sixty  days  from  the  confirmation  as 
aforesaid.  Such  certificates  shall  be  in  such  form  and  for  such 
sums  as  may  be  provided  by  ordinance,  and  shall  be  either  paya¬ 
ble  to  the  order  of  the  registered  holder,  or  be  payable  to  bearer. 
Any  such  certificate  shall  entitle  the  owner  or  holder  thereof  to 
his  proportionate  share  as  shown  by  such  certificate,  of  the 
special  assessments  and  the  interest  thereon,  as  the  same  are 
collected,  upon  which  such  certificates  are  issued,  and  shall  so 
specify. 

Sec.  15.  Distribution  of  the  amounts  collected  upon  said 
special  assessments,  including  interest,  shall  be  made  to  the 
holder  or  holders  of  such  certificates,  pro  rata ,  at  least  semi¬ 
annually,  at  such  specified  dates  as  may  be  provided  in  the  ordi¬ 
nance  authorizing  the  issue  of  the  same,  and  the  holder  shall 
receipt  for  such  payments;  and  the  city  shall  be  liable  on  such 
certificates  to  the  holders  thereof  for  the  sums  collected  from 
the  special  assessments  upon  which  said  certificates  are  issued 
and  not  otherwise. 

Sec.  16.  Should  the  purchaser  or  holder  elect,  said  cer¬ 
tificates  shall  be  registered  by  the  Comptroller  -in  the  name  of 
the  owner  and  his  assigns  from  time  to  time,  and  the  Comptroller 
shall  certify  such  registration  to  the  holder. 

Sec.  17.  All  levee  fund  certificates  issued  on  account  of 
special  assessments  growing  out  of  the  same  condemnation  or 
assessment  proceedings,  ‘including  supplemental  proceedings 
shall  be  considered  a  part  of  the  original  proceeding,  and  shall 
be  designated  as  a  series;  and  if  any  series  comprises  more  than 
one  certificate,  such  certificates  shall  be  numbered. 

Sec.  18.  Each  of  such  levee  fund  certificates  shall  bear 
the  certificate  of  the  City  Treasurer  and  the  attestation  of  the 
Comptroller  that  the  same  is  one  of  a  series  of  certificates  issued 


163 


on  account  of  certain  special  assessments  to  which  such  series 
relates,  and  that  such  series  is  not  in  excess  of  the  same:  and 
the  Comptroller  shall  keep  a  record  of  all  such  certificates  issued 
in  each  series  and  of  all  payments  and  dividends  thereon,  and 
shall  publish  the  same  in  his  annual  statement,  and  also  state¬ 
ments  of  the  amounts  received  by  the  city  Treasurer  from  assess¬ 
ments;  and  shall  at  the  request  of  the  holder  of  any  levee  fund 
certificate,  certify  to  such  holder  the  amount  that  has  been  col¬ 
lected  and  paid  on  tire  same  from  special  assessments,  both 
principal  and  interest.  > 

Sec.  19.  Immediately  upon  full  payment  and  surrender 
of  any  levee  fund  certificates,  the  Treasurer  shall  cancel  the  same 
and  keep  a  record  thereof,  and  deliver  the  same  to  the  Comp¬ 
troller,  who  shall  give  the  Terasurer  a  receipt  therefor;  but  when 
all  the  special  assessments  represented  by  a  series  of  such  certifi¬ 
cates  have  been  fully  collected  so  far  as  possible,  with  interest 
thereon,  and  all  sums  collected  have  been  distributed  as  afore¬ 
said,  such  certificates  shall  be  surrendered  and  cancelled,  and  if 
not  surrendered,  shall  nevertheless  be  void. 

Sec.  20.  The  board  of  public  works  may  sell  such  levee 
fund  certificates  at  such  price  not  less  than  the  face  value  of 
the  amount  of  special  assessments  represented  by  said  certifi¬ 
cates,  as  may  be  obtainable,  and  shall  determine  the  manner 
and  means  of  such  sale.  Such  certificates  shall  be  delivered 
by  the  City  Treasurer  to  the  purchaser,  upon  payment  therefor, 
upon  the  order  of  the  board  of  public  works,  specifying  the 
price,  which  order  shall  be  countersigned  by  the  Comptroller, 
who  shall  keep  a  record  thereof,  and  the  proceeds  of  such  cer¬ 
tificates  so  sold,  shall  be  used  for  payment  for  land  purchased  or 
condemned  for  the  purposes  of  this  article,  and  for  the  work 
to  be  done  and  improvements  made  and  constructed  for  which 
the  special  assessments  were  made  on  which  such  certificates 
are  issued;  and  any  surplus  remaining  after  all  such  payments 
are  made  in  full  shall  accumulate  for  the  use  of  the  levee  district 
or  districts  in  which  the  improvements  are  situated  for  which 
such  certificates  were  issued;  but  such  certificates  may,  by  agree¬ 
ment,  be  issued  directly  in  payment  for  the  land  purchased,  taken 
or  condemned  and  for  the  work  done  and  improvements  made 
or  constructed,  on  account  of  which  the  said  certificates  were 
issued. 

Sec.  21.  Any  excess  in  the  cost  of  any  work  done  or  im¬ 
provements  made  or  constructed  in  any  levee  district  or  dis¬ 
tricts  hereinbefore  provided,  above  the  estimate  of  the  cost  of 


164 


the  same  made  by  the  board  of  public  works,  shall  be  paid  by 
the  city  out  of  the  funds  of  such  levee  district  or  districts  not 
otherwise  appropriated,  and  in  default  of  any  such  unappropri¬ 
ated  funds,  shall  be  paid  out  of  the  general  fund  of  the  city, 
unless  said  excess  shall  have  been  otherwise  provided  for  by  the 
city. 

Sec.  22.  It  shall  be  the  duty  of  the  City  Treasurer,  Comp¬ 
troller  and  said  board  of  public  works,  at  all  times  to  protect 
such  levee  fund  certificates  by  all  means  provided  therefor,  and 
said'  City  Treasurer  shall  pay  all  sums  collected  from  special 
assessments  as  aforesaid  to  the  holders  of  such  certificates  issued 
thereon,  and  shall  pay  the  same  promptly  on  demand  on  the 
dates  fixed  for  the  distribution  thereof,  as  provided  by  ordi¬ 
nance. 

Sec.  23.  The  city  shall  pay  all  costs  of  proceedings  under 
this  article  to  take  or  damage  private  property,  or  to  levy  assess¬ 
ments  for  benefits  in  payment  of  land,  and  other  rights,  pur¬ 
chased  and  condemned  as  herein  provided,  and  for  work  to  be 
done  and  improvements  to  be  made  except  cost  of  proceedings 
for  collecting  overdue  assessments,,  which  shall  be  taxed  against 
the  real  estate  upon  which  said  assessments  are  levied,  except 
the  cost  upon  appeals,  which  shall  be  paid  by  the  party  unsuc¬ 
cessfully  prosecuting  the  same:  and  the  City  Counselor  shall, 
personally,  or  by  any  of  his  assistants,  and  as  a  part  of  his 
duties  as  such  counselor,  conduct  all  the  court  proceedings  under 
this  article. 

Sec.  24.  When  any  work  is  done,  improvements  made,  or 
lands  purchased,  and  payment  therefor  is  to  be  made  in  special 
assessments,  as  provided  in  this  article,  the  city  shall  in  no 
event,  nor  in  any  manner  whatever,  be  liable  fdr  or  on  account 
of  such  work  done  or  improvements  made  or  land  purchased, 
by  reason  of  the  invalidity  or  error  in  any  such  special  assess¬ 
ments,  nor  liable  in  any  manner  for  the  payment  of  the  same. 

Sec.  25.  After  the  conclusion  of  any  proceeding  insti¬ 
tuted  by  virtue  of  an  ordinance  of  the  Common  Council  as  here¬ 
inbefore  set  forth,  providing  for  the  construction  of  any  levee, 
dike,  drain,  or  other  works,  or  system  of  levees,  dikes,  drains 
and  other  works,  or  other  improvements,  under  the  authority  of 
this  article,  the  board  of  public  works  shall  let  the  contract  or 
contracts  therefor  to  the  lowest  and  best  bidder  or  bidders,  sub¬ 
ject  to  such  rules  and  regulations  as  may  be  prescribed  by  ordi¬ 
nance;  and  every  contractor  for  work  or  improvements  done 
or  made  under  authority  of  this  article,  shall  give  such  bond 
for  the  faithful  performance  of  such  contract  as  may  be  pre¬ 
scribed  by  ordinance,  such  bond  to  be  executed  and  approved 


165 


in  the  same  manner  as  bonds  given  by  contractors  for  other  city 
work  are  required  by  the  charter  and  ordinances  of  the  city 
to  be  executed  and  approved. 

The  construction  of  all  improvements  and  all  work  done, 
of  every  kind,  under  the  authority  of  this  article,  shall  be  under 
the  supervision,,  management  and  direction  of  the  board  of 
public  works,  and  the  same  duties  shall  be  required  of  the  city 
engineer  and  his  department  as  are  required  of  his  department 
in  other  public  improvements  of  the  city  under  the  supervision, 
control  and  management  of  the  board  of  public  works;  and  the 
board  of  public  works  shall  have  power  to  superintend,  control 
and  manage  the  operation  and  maintenance  of  all  such  -  work 
and  improvements  as  may  be  done  or  constructed  under  the 
authority  of  this  article. 

Sec.  26.  The  real  estate,  inclusive  of  improvements 
thereon  constituting  a  part  thereof,  in  any  levee  district  or  dis¬ 
tricts,  may  be  specially  assessed  annually  for  maintaining  and 
repairing  any  levees,  dikes,  drains  or  other  works  constructed 
therein,  and  such  assessments  may  be  made  according  to  valua¬ 
tion  and  assessment  for  taxation  of  real  estate  in  such  levee 
district  or  districts  made  for  general  city  purposes;  provided , 
that  any  real  estate  which  shall  not  be  listed  on  the  City  Assessor’s 
books  for  taxation  for  general  city  purposes,  may,  by  ordinance 
of  the  Common  Council,  be  listed  and  valued  by  the  City  Assessor 
for  the  purposes  of  this  article:  and  provided  further,  that  sucn 
annual  assessments  authorized  by  this  section  shall  never  exceed 
in  any  one  year  one  mill  upon  each  dollar  of  valuation  as  shown 
on  the  books  of  the  city  assessor  as  aforesaid.  Every  such 
assessment  shall  be  made  and  collected  as  provided  by  ordinance 
of  the  Common  Council,  and  the  Common  Council  shall  have  the 
power  to  provide  penalties  for  the  failure  to  pay  such  assess¬ 
ments  when  due,  and  may  provide  for  the  sale  of  the  property 
assessed  to  satisfy  said  assessments. 

All  other  sums  required  to  maintain  such  levees,  dikes, 
drains  and  other  works,  and  to  carry  into  effect  the  provisions 
of  this  article,  may  be  appropriated  out  of  the  general  fund  of 
the  city. 

Sec.  27.  The  Common  Council  shall  have  power  to  pass 
ordinances  for  the  protection  of  the  levees,  dikes,  drains  and 
other  works  constructed  under  the  authority  of  this  article,  and 
for  the  proper  policing  of  the  same,  and  to  establish  penalties 
for  the  violation  of  such  ordinances;  and  shall  have  power  to 
pass  such  ordinances,  not  in  conflict  with  this  article,  or  the 
constitution  and  laws  of  the  State,  as  may  be  deemed  necessary 
and  expedient  for  more  fully  carrying  into  effect  the  objects 
and  purposes  of  this  article. 


ARTICLE  XIII. 


Department  of  Parks  and  Boulevards. 

Section  1.  There  is  hereby  established  within  the  city  a 
department  to  be  known  as  the  department  of  parks  and  boule¬ 
vards,  which  shall  be  under  the  control  and  management  of  a 
board  of  park  commissioners  composed  of  three  persons  well 
known  for  their  intelligence  and  integrity,  and  whose  term  of 
office  shall  be  for  a  period  of  three  years;  provided,  that  the 
first  commissioners  shall  so  classify  themselves  by  lot  that  the 
term  of  one  of  such  commissioners  shall  expire  at  the  end  of  one 
year,  one  at  the  end  of  two  years,  and  one  at  the  end  of  three 
years  from  the  third  Monday  in  April  of  the  year  1909,  and  at 
the  expiration  of  the  term  of  each  member, ,  his  successor  shall 
be  appointed  by  the  Mayor  for  a  term  of  three  years  from  the 
date  of  expiration  of  the  official  term  of  his  predecessor;  Pro¬ 
vided,  further,  that  the  members  of  the  board  of  park  commis¬ 
sioners  of  said  Kansas  City  in  office  at  the  time  this  charter  goes 
into  effect  shall  become  and  constitute  the  first  board  of  park 
commissioners  hereunder,  and  shall  hold  office  until  the  expira¬ 
tion  of  the  terms  for  which  they  were  originally  appointed. 
Said  commissioners  shall  serve  without  compensation. 

The  first  board  appointed  hereunder  shall  organize  by  elect¬ 
ing  one  of  its  members  president,  and  the  members  of  said  board 
shall  annually  thereafter  elect  one  of  their  number  as  president 
of  said  board;  each  president  elected  hereunder  shall  hold  his 
office  for  one  year  and  until  his  successor  is  elected. 

The  board  shall  hold  regular  meetings  at  least  once  each 
week,  and  as  many  special  meetings  as  it  may  deem  proper,  and 
two  members  of  said  board  shall  constitute  a  quorum  for  the 
transaction  of  business,  and  an  affirmative  vote  of  at  least  two 
members  shall  be  necessary  to  authorize  any  action  of  the  board. 

/ 

Sec.  2.  Said  board  of  park  commissioners  shall  keep  a 
record  of  its  proceedings,  and  shall  appoint  a  secretary  who  shall 
not  be  a  member  of  the  board,  and  who  shall  hold  office  at  the 
will  of  the  board.  It  shall  be  his  duty  to  keep  all  records  of 
the  board  and  to  make  such  reports  thereof  as  may  be  required 
by  the  board.  In  the  absence  or  disability  of  the  secretary,  the 
board  may  appoint  or  deputize  a  secretary  pro  tempore,  who 
shall  perform  the  duties  of  the  secretary. 

The  records  of  the  board  of  park  and  boulevard  commis- 


167 


sioners,  and  of  the  board  of  park  commissioners,  as  heretofore 
constituted  under  previous  charters  of  said  city,  and  kept  by  the 
secretaries  of  said  boards,  as  well  as  all  records  of  the  board  of 
park  commissioners  hereby  created  and  constituted  kept  by  the 
secretary  of  said  board  of  park  commissioners,  or  copies  of  any 
such  records  when  duly  certified  to  by  the  secretary  of  said  last 
named  board  shall  be  competent  evidence  of  the  proceedings  of 
said  board. 

Sec.  3.  The  board  shall  also  appoint  a  chief  executive 
officer  under  the  board  who  may  or  may  not  be  a  landscape  arch¬ 
itect  and  who  shall  hold  office  at  the  pleasure  of  the  board,  and 
who  shall,  in  behalf  of  said  board,  have  charge,  supervision,  and 
direction  of  all  work,  and  of  all  officers  and  employes  under 
said  board,  and  may  dismiss  any  officer  or  employe  under  him. 
except  the  secretary  of  the  board. 

Said  board  of  park  commissioners  may,  also,  subject  to  the 
civil  service  laws,  rules  and  regulations,  prescribed  by  and  pro¬ 
vided  for  in  this  charter,  appoint  and  employ  such  other  officers 
and  employes  as  it  may  deem  necessary,  and  shall  prescribe  and 
fix  their  duties. 

Sec.  4.  The  president,  and  in  his  absence  or  disability, 
any  other  park  commissioner  appointed  president  pro  tempore 
by  resolution  of  the  board,  is  authorized  to  sign,  execute  and 
acknowledge  in  the  name  of  the  board,  all  maps,  plats,  contracts, 
or  documents  of  any  character  required  or  authorized  by  this 
article,  and  to  sign  requisitions  upon  the  Auditor  for  warrants 
upon  the  City  Treasurer  for  funds  under  control  of,  and  to  be 
expended  by  said  board;  all  warrants  shall  be  countersigned  by 
the  secretary,  and  in  his  absence  or  disability,  by  some  member 
of  the  board,  other  than  the  president  or  president  pro  tempore. 
Said  board  shall  have  power,  and  it  shall  be  its  duty,  to  make  by¬ 
laws,  rules  and  regulations  for  the  orderly  transaction  and  con¬ 
duct  of  its  business,  and  to  make  and  enforce  contracts  in  the 
name  of  the  city  to  carry  out  the  purposes  expressed  in  this 
article. 

/ 

Sec.  5.  Said  board  of  park  commissioners  shall  have 
power,  and  it  shall  be  its  duty,  to  devise  and  adopt  a  system  of 
public  parks,  parkways  and  boulevards,  for  the  use  of  the  city 
and  its  inhabitants,  and  to  select  and  designate  lands  to  be  used 
and  appropriated  for  such  purposes  within  or  without  the  city 
limits,  and  to  select  routes  and  streets  for  boulevards,  and  to 
cause  the  same  to  be  opened,  and  widened,  as  hereinafter  set 
forth,  and,  by  and  with  the  approval  and  authority,  by  ordinance, 


168 


of  the  Common  Council,  to  lease,  purchase,  condemn  or  other¬ 
wise  acquire,  in  the  name  of  the  city,  lands  for  parks,  parkways, 
boulevards,  or  public  squares,  and,  by  and  with  the  approval  and 
authority,  by  ordinance,  of  the  Common  Council,  to  establish, 
change,  or  re-establish  the  grade  of  any  boulevard  or  parkway, 
and  to  require  any  railway  upon  or  across  such  boulevard  or 
parkway  to  be  brought  to  the  grade  so  established,  changed  or 
re-established. 

No  change  shall  be  made  in  the  grade  of  any  street  upon 
which  any  park  land  abuts,  unless  the  board  of  park  commis¬ 
sioners  shall  approve  such  change  of  grade. 

Sec.  6.  Said  board  of  park  commissioners  shall  also  have 
power  to  superintend,  control  and  manage  any  and  all  parks, 
parkways,  and  boulevards,  belonging  to  or  under  control  of  the 
city,  and  such  other  public  grounds  and  thoroughfares  as  may, 
upon  recommendation  of  the  board  of  park  commissioners,  be 
placed  under  control  and  management  of  said  board,  and  to  con¬ 
struct,  improve,  adorn,  regulate  and  maintain  the  same  in  such 
manner  as  it  may  deem  best,  and  to  establish  a  width  of  side¬ 
walks  on  all  boulevards  and  parkways.  And  the  Common  Coun¬ 
cil  shall  have  power,  and  it  shall  be  its  duty,  upon  the  recom¬ 
mendation  of  the  board  of  park  commissioners,  to  pass  ordi¬ 
nances  for  the  regulation  and  oderly  government  of  such  parks, 
parkways  and  boulevards,  and  to  prescribe  fines  and  penalties 
for  the  violation  of  such  ordinances.  And  the  common  council 
may,  upon  the  recommendation  of  the  board  as  aforesaid,  regu¬ 
late  the  traffic  on  all  boulevards,  parkways,  avenues  or  roads 
under  the  control  of  said  board,  and  it  may  regulate  the  width  of 
tires  on  all  vehicles  used  oil  or  passing  over  the  same,  and  may 
exclude  heavy  traffic  or  any  kind  of  vehicle  therefrom. 

Sec.  7.  The  territory  within  the  city  limits,  as  said  limits 
are  described  in  this  charter  and  so  long  as  said  limits  remain 
unchanged,  is  hereby  divided  into  five  park  districts,  to  be 
known  as :  “West  Park  District/’  “North  Park  District,” 
“South  Park  District,”  Westport  Park  District,”  and  “East 
Park  District;”  the  boundaries  of  which  park  districts  shall  be 
the  same  as  those  heretofore  established  for  the  said  park  dis¬ 
tricts  under  the  charter  of  Kansas  City  and  ordinances  thereof, 
in  effect  prior  to  the  adoption  of  this  charter,  and  which  bound¬ 
aries  are  and  shall  be  as  follows : 

Of  the  West  Park  District :  Beginning  at  a  point  where 
the  western  boundary  line  of  the  State  of  Missouri  intersects 
the  center  line  of  the  main  channel  of  the  Missouri  river;  thence 
eastwardly  with  the  meanderings  of  the  center  line  of  the  main 


169 


channel  of  the  Missouri  river  to  the  intersection  with  the  pro¬ 
longation  north  of  the  center  line  of  Delaware  street;  thence 
in  a  southerly  direction  along  the  prolongation  north  of  the 
center  line  of  Delaware  street,  and  the  center  line  of  Delaware 
street  to  the  center  line  of  Ninth  street;  thence  eastwardly 
along  the  center  line  of  Ninth  street  to  the  intersection  with 
the  center  line  of  Main  street  south  of  the  junction  of  Main  and 
Delaware  streets;  thence  in  a  southerly  direction  along  the  cen¬ 
ter  line  of  said  Main  street  to  the  south  line  of  the  north  half 
of  section  number  seventeen,  township  number  forty-nine  north, 
range  number  thirty, three  west;  thence  west  along  the  center 
line  of  and  through  sections  number  seventeen  and  eighteen 
in  said  township  and  range  to  the  western  boundary  line  of 
the  State  of  Missouri;  thence  north  along  the  western  boundary 
line  of  the  State  of  Missouri  to  the  point  of  beginning. 

Of  the  North  Park  District:  Beginning  at  a  point  where 
the  center  line  of  Delaware  street  produced  north  intersects  the 
center  line  of  the  main  channel  of  the  Missouri  river;  thence 
southwardly  along  the  center  line  of  Delaware  street  to  the 
intersection  with  the  center  line  of  Ninth  street;  thence  east¬ 
wardly  along  the  center  line  of  Ninth  street  to  the  intersection 
with  the  center  line  of  Main  street  south  of  the  junction  of 
Main  and  Delaware  streets;  thence  in  a  southerly  direction 
along  the  center  line  of  Main  street  to  the  intersection  with  the 
center  line  of  Fifteenth  street;  thence  eastwardly  along  the  cen¬ 
ter  line  of  Fifteenth  street  to  the  center  line  of  the  east  half 
of  section  number  three,  township  number  forty-nine  north, 
range  number  thirty-three  west;  thence  north  along  the  center  ' 
line  of  the  east  half  of  said  section  number  three  to  the  north 
line  of  said  section  number  three;  thence  north  and  parallel  with 
the  center  line  through  the  east  half  of  section  number  thirty- 
four,  township  number  fifty  north,  range  number  thirty-three 
west,  to  the  north  line  of  said  section  number  thirty-four ;  thence 
east  to  a  point  one  hundred  and  thirty  feet  east  of  the  north 
and  south  center  line  of  the  east  half  of  section  number  twenty- 
seven,  township  number  fifty  north,  range  number  thirty-three 
west;  thence  north  on  a  line  parallel  to  the  north  and  south 
center  lines  of  the  east  halves  of  sections  number  twenty-seven 
and  twenty-two,  township  number  fifty  north,  range  number 
thirty-three  west,  to  the  center  line  of  the  main  channel  of  the 
Missouri  river;  thence  westwardly  with  the  meanderings  of 
the  center  line  of  the  main  channel  of  the  Missouri  river  to  the 
place  of  beginning. 

Of  the  South  Park  District :  Beginning  at  the  intersection 
of  the  center  line  of  Fifteenth  street  with  the  center  line  of  Main 
street;  thence  south  along  the  center  line  of  Main  street  to  the 


170 


intersection  with  the  south  line  of  the  north  half  of  section 
number  seventeen,  township  number  forty-nine  north,  range 
number  thirty-three  west;  thence  east  along  the  center  line  of 
and  through  sections  number  seventeen,  sixteen  and  fifteen,  said 
township  and  range,  to  the  southeast  corner  of  the  west  half 
of  the  northeast  quarter  of  said  section  number  fifteen;  thence 
north  along  the  center  line  of  the  east  half  of  sections  number 
fifteen,  ten  and  three,  said  township  and  range,  to  the  center 
line  of  Fifteenth  street;  thence  west  along  the  center  line  of 
Fifteenth  street  to  the  point  of  beginning. 

Of  the  Westport  Park  District :  Beginning  at  a  point 
where  the  western  bonndary  line  of  the  State  of  Missouri  inter¬ 
sects  the  southern  boundary  line  of  the  West  Park  District  in 
Kansas  City,  Missouri;  thence  south  and  along  said  western 
boundary  line  of  the  State  of  Missouri  to  a  point  one  hundred 
and  eighty  feet  south  of  and  at  a  right  angle  to  the  south  line 
of  section  number  nineteen,  township  number  forty-nine  north, 
range  number  thirty-three  west;  thence  east  on  a  line  parallel 
to  the  south  line  of  section  number  nineteen,  township  number 
forty-nine  north,  range  number  thirty-three  west,  to  a  point 
one  hundred  and  eighty  feet  west  of  the  north  and  south  center 
line  of  section  number  thirty,  township  number  forty-nine 
north,  range  number  thirty-three  west;  thence  south  on  a  line 
parallel  to  the  north  and  south  center  line  of  section  number 
thirty,  township  number  forty-nine  north,  range  number  thirty- 
three  west,  to  a  point  one  hundred  and  eighty  feet  south  of  ihe 
east  and  west  center  line  of  section  number  thirty,  township 
number  forty-nine  north,  range  number  thirty-three  west;  thence 
east  on  a  line  parallel  to  the  east  and  west  center  line  of  section 
number  thirty,  township  number  forty-nine  north,  range  num¬ 
ber  thirty-three  west,  to  a  point  one  hundred  and  eighty  feet 
west  of  the  east  line  of  section  number  thirty,  township  number 
forty-nine  north,  range  number  thirty-three  west;  thence  south 
on  a  line  parallel  to  the  east  line  of  section  number  thirty,  town¬ 
ship  number  forty-nine  north,  range  number  thirty-three  west, 
to  a  point  on  the  east  and  west  center  line  of  the  south  half 
of  section  number  thirty,  township  number  forty-nine  north, 
range  number  thirty-three  west;  thence  east  along  the  center 
line  of  the  south  halves  of  sections  number  thirty,  twenty-nine, 
twenty-eight  and  twenty-seven,  township  number  forty-nine 
north,  range  number  thirty-three  west,  to  a  point  one  hundred 
and  sixty  feet  east  of  the  west  line  of  section  number  twenty- 
seven,  township  number  forty-nine  north,  range  number  thirty- 
three  west;  thence  north  on  a  line  parallell  to  the  west  line  of 
sections  number  twenty-seven  and  twenty-two,  township  num¬ 
ber  forty-nine  north,  range  number  thirty-three  west,  to  a  point 


171 


one  hundred  and  sixty  feet  south  of  the  north  line  of  section 
number  twenty-two,  township  number  forty-nine  north,  range 
number  thirty-three  west;  thence  east  on  a  line  parallel  to  the 
north  line  of  section  number  twenty-two,  township  number 
'  forty-nine  north,  range  number  thirty-three  west,  to  a  point  one 
hundred  and  sixty  feet  east  of  the  north  and  south  center  line 
of  section  number  twenty-two,  township  number  forty-nine 
north,  range  number  thirty-three  west;  thence  north  on  a  line 
parallel  to  the  north  and  south  center  lines  of  sections  number 
twenty-two  and  fifteen,  township  number  forty-nine  north, 
range  number  thirty-three  west,  to  a  point  one  hundred  and 
sixty  feet  south  of  the  east  and  west  center  line  of  section  num¬ 
ber  fifteen,  township  number  forty-nine  north,  range  number 
thirty-three  west;  thence  east  on  a  line  parallel  to  the  east  and 
west  center  line  of  said  section  number  fifteen  to  a  point  one 
hundred  and  sixty  feet  east  of  the  north  and  south  center  line 
of  the  east  half  of  section  number  fifteen;  thence  north  on  a  line 
parallel  to  the  north  and  south  center  line  of  the  east  half  of  said 
section  number  fifteen,  to  the  east  and  west  center  line  of  said 
section  number  fifteen;  thence  west  along  the  east  and  west 
center  line  of  the  said  section  number  fifteen  and  west  along  the 
southern  boundary  lines  of  the  South  Park  District  and  of  the 
West  Park  District  in  Kansas  City,  Missouri,  to  the  point  of 
beginning. 

Of  the  East  Park  District :  Beginning  at  a  point  where 
the  east  and  west  center  line  of  section  number  fifteen,  town¬ 
ship  number  forty-nine  north,  range  number  thirty-three  west, 
intersects  the  north  and  south  center  line  of  the  east  half  of 
said  section  number  fifteen,  said  last-described  line  being  also 
the  eastern  boundary  line  of  the  South  Park  District  in  Kansas 
City,  Missouri;  thence  east  along  the  east  and  west  center  line 
of  said  section  number  fifteen,  to  a  point  one  hundred  and  sixty 
feet  east  of  the  north  and  south  center  line  of  the  east  half  of 
said  section  number  fifteen;  thence  north  on  a  line  parallel  to 
the  north  and  south  center  line  of  the  east  half  of  section  num¬ 
ber  fifteen,  township  number  forty-nine  north,  range  number 
thirty-three  west,  to  a  point  one  hundred  and  sixty  fe<*t  south 
of  the  north  line  of  section  number  fifteen,  township  number 
forty-nine  north,  range  number  thirty-three  west;  thence  east 
on  a  line  parallel  to  the  north  lines /of  sections  number  fifteen 
and  fourteen,  township  number  forty-nine  north,  range  number 
thirty-three  west,  to  a  point  one  hundred  and  sixty  feet  east 
of  the  north  and  south  center  line  of  the  east  half  of  section 
number  fourteen,  township  number  forty-nine  north,  range 
number  thirty-three  west;  thence  north  on  a  line  parallel  to  the 
center  lin£  of  the  east  halves  of  sections  number  fourteen  and 


172 


eleven,  township  number  forty-nine  north,  range  number  thirty- 
three  west,  to  a  point  one  hundred  and  sixty  feet  south  of  the 
north  line  of  section  number  eleven,  township  number  forty-nine 
north,  range  number  thirty-three  west;  thence  east  on  a  line 
parallel  to  the  north  lines  of  sections  number  eleven  and  twelve, 
township  number  forty-nine  north,  range  number  thirty-three 
west,  and  section  number  seven,  township  number  forty-nine 
north,  range  number  thirty-two  west;  to  a  point  one  hundred 
and  sixtv  feet  east  of  the  north  and  south  center  line  of  section 
number  seven,  township  number  forty-nine  north,  range  num¬ 
ber  thirty-two  west;  thence  north  and  parallel  to  the  center  lines 
of  sections  number  seven-  and  six,  township  number  forty-nine 
north,  range  number  thirty-two  west  to  the  north  line  of  section 
number  six,  township  number  forty-nine  north,  range  number 
thirty-two  west;  thence  west  along  the  north  line  of 
section  number  six,  township  number  forty-nine  north, 
range  number  thirty-two  west,  to  the  north  and  south 
center  line  of  section  number  thirty-one,  township  number  fifty 
north,  range  number  thirty-two  west;  thence  north  and  along 
the  north  and  south  center  line  of  section  number  thirty-one, 
township  number  fifty  north,  range  number  thirty-two  west,  to 
the  north  line  of  section  number  thirty-one,  towmship  number 
fifty  north,  range  number  thirty-two  west;  thence  west  along 
the  north  line  of  section  number  thirty-one,  township  number 
fifty  north,  range  number  thirty-two  west,  and  the  north  lines 
of  sections  number  thirty-six.  thirty-five  and  thirty-four,  town¬ 
ship  number  fifty  north,  range  number  thirty-three  west,  to  a 
point  on  the  eastern  boundary  line  of  the  North  Park  District 
in  Kansas  City,  Missouri ;  thence  south  along  the  eastern  bound¬ 
ary  lines  of  the  North  Park  District  and  of  the  South  Park 
District  in  Kansas  City,  Missouri,  to  the  point  of  beginning. 

Whenever  and  as  often  as  the  city  shall  extend  or  change 
it  limits,  the  Common  Council  shall  have  power,  by  ordinance, 
upon  recommendation  of  the  board  of  park  commissioners  to 
divide  the  added  territory  into  new  park  districts,  or  to  add 
the  same  to  districts  already  established. 

Sec.  8.  It  shall  be  the  duty  of  the  board  of  park  commis¬ 
sioners  to  provide  at  least  one  park  in  each  park  district,  and 
to  purchase  or  otherwise  acquire,  with  the  concurrence  of  the 
Common  Council,  as  herein  provided,  real  estate  therefor;  and 
the  common  council  is  hereby  authorized  and  empowered  to  pro¬ 
vide  by  ordinance  for  the  purchase,  condemnation,  or  other¬ 
wise  obtaining  of  land  within  the  city  limits,  and  for  the  pur¬ 
chase  or  otherwise  obtaining  of  land  without  the  city  limits,  for 
public  parks,  parkways,  and  boulevards,  and  to  establish  the 


173 


same,  provided  the  acquisition  of  such  land  for  such  public 
parks,  parkways  and  boulevards,  and  the  establishment  of  the 
same,  be  first  recommended  by  the  board  of  park  commissioners. 
And  whenever  said  board  shall  select  and  recommend  to  the 
common  council  any  acquisition  of  any  land  for  parks,  public 
squares,  parkways  or  boulevards,  it  shall  be  the  duty  of  the 
common  council  upon  such  recommendation  to  proceed  forth¬ 
with,  by  ordinance,  to  provide  for  the  establishment  and  acqui¬ 
sition  by  purchase,  condemnation  or  otherwise,  as  it  may  deem 
best,  of  such  land  for  parks,  parkways  or  boulevards  as  may 
be  selected  by  said  board  of  park  commissioners.  Payment  for 
any  such  land  so  selected  and  acquired,  whether  within  or 
without  the  city  limits,  may  be  made  out  of  the  general  fund, 
or  by  the  issue  and  sale  of  bonds  of  the  city  as  may  be  pro¬ 
vided  by  ordinance  of  the  Common  Council  subject  to  the  con¬ 
stitution  and  laws  of  the  State;  or  payment  for  land  so  selected 
and  acquired  for  such  purposes  within  the  city  limits  may  be 
made  as  hereinafter  provided. 

Sec.  9.  The  parks,  parkways,  public  squares  and  boule¬ 
vards,  established  in  any  park  district  or  districts  within  the 
city  limits,  whether  acquired  by  purchase  or  condemnation,  may 
be  paid  for  by  special  assessments  upon  the  real  estate  situated 
therein  found  benefited  thereby  as  hereinafter  authorized.  Such 
special  assessments  may  be  made  payable  in  such  manner  and  at 
such  time  or  times  as  may  be  provided  by  ordinance  of  the  com¬ 
mon  council  upon  the  recommendation  of  the  board' of  park 
commissioners. 

If  the  Common  Council,  with  the  concurrence  or  the  board 
of  park  commissioners,  shall,  by  ordinance,  find  and  determine 
that  the  establishing  of  any  park,  parkway  or  boulevard,  is  a 
benefit  to  more  than  one  park  district,  or  part  or  parts  thereof, 
the  cost  thereof  may  be  assessed  upon  the  real  estate  found  bene¬ 
fited  in  such  park  districts. 

Sec.  10.  Whenever  the  Common  Council,  upon  the  recom¬ 
mendation  of  the  board  of  park  commissioners  shall  provide 
by  ordinance  for  the  purchase  or  condemnation  of  any  real 
estate  selected  for  a  park,  or  for  the  opening,  widening  or  ex¬ 
tending  of  any  boulevard  or  parkway,  or  part  thereof,  or  for 
constructing  and  maintaining  any  viaduct  or  bridge  for  public 
use,  or  any  parkway  or  boulevard,  or  for  establishing,  opening, 
widening,  extending  or  altering  any  route  or  right-of-way  for 
a  sewer  or  for  a  channel  of  any  water  course  necessary  for 
the  maintenance  of  a  park  or  a  park  system,  in  whole  or  in  part, 
and  it  becomes  necessary  to  take  or  damage  any  private  property 
for  any  such  purpose,  said  Common  Council  shall,  by  ordinance, 


174 


describe  the  private  property  to  be  purchased,  taken  or  damaged; 
and  in  case  the  same  is  to  be  paid  for  by  special  assessments 
upon  real  estate,  shall  designate  the  time  and  mode  of  payment 
of  such  assessments,  and  shall  also  prescribe  the  limits  within 
which  private  property  shall  be  deemed  benefited  by  the  pro¬ 
posed  improvement,  and  be  assessed  and  charged  to  pay  com¬ 
pensation  therefor,  which  benefit  district  may  include  one  or 
more  park  districts,  and  part  or  parts  of  such  district  or  dis¬ 
tricts.  And  in  said  ordinance,  separate  description  of  each  piece 
or  parcel  of  property  shall  not  be  required,  but  it  shall  be  suffi¬ 
cient  description  of  the  property  to  be  purchased,  taken  or 
damaged,  to  give  a  description  of  the  entire  tract  by  metes  and 
bounds  whether  the  same  shall  be  composed  of  one  or  more 
than  one  piece  or  parcel.  Thereupon,  the  city  engineer,  or  his 
assistants,  aided  by  the  landscape  architect  or  his  assistants, 
shall  make  out  and  deliver  to  the  board  of  park  commissioners, 
a  statement,  by  map,  plat,  or  otherwise,  containing  a  correct  de¬ 
scription  of  the  several  lots  or  parcels  of  private  property  to  be 
purchased,  taken  or  damaged,  and  containing  also  the  names  of 
the  owners,  so  far  as  known,  of  such  lots  or  parcels  of  land,  if 
any,  to  be  taken  or  damaged,  or  of  any  estate  or  interest  therein, 
who  may  be  such  at  the  time  of  the  taking  effect  of  the  ordi¬ 
nance  providing  for  the  taking  or  damaging  of  such  private 
property.  The  proceedings  for  the  taking  or  damaging  of  such 
private  property  for  public  use  as  herein  provided*  and  the 
assessments  of  benefits  to  pay  for  the  property  so  purchased, 
taken  or  damaged,  if  the  same  is  to  be  paid  for  by  special  assess¬ 
ments  upon  real  estate,  shall  be  heard  and  determined  by  the 
circuit  court  of  Jackson  County,  Missouri,  at  Kansas  City. 

Sec.  11.  When  the  board  of  park  commissioners  shairfile 
or  cause  to  be  filed  a  certified  copy  of  such  ordinance  referred 
to  in  the  preceding  section,  in  the  circuit  court,  or  with  the 
clerk  thereof,  such  court  shall  thereupon,  and  upon  application 
of  the  city,  make  an  order  appointing  a  day  and  place  for 
empaneling  a  jury  to  ascertain  the  compensation  for  the  prop¬ 
erty  taken  or  damaged,  and,  if  the  same  is  to  be  paid  for  by 
special  assessments  upon  real  estate,  to  make  assessments  to  pay 
for  the  property  to  be  taken,  purchased  or  damaged,  as  the  case 
may  be;  which  order  shall  recite  such  ordinance,  or  the  substance 
thereof,  and  shall  be  directed  to  all  persons  whom  it  may  con¬ 
cern,  without  naming  them,  notifying  them  of  the  day  and  place 
fixed  for  the  empaneling  of  a  jury,  and  for  the  ascertaining  of 
the  compensation  to  be  paid  for  the  property  to  be  taken  or 
damaged  and  the  amount  of  benefits,  if  any,  to  be  assessed  to 
pay  therefor  or  for  the  property  purchased. 


175 


A  copy  of  such  order  shall  be  published  in  a  newspaper  at 
the  time  doing  the  city  printing,  for  four  successive  weeks,  the 
last  insertion  to  be  not  more  than  one  week  prior  to  the  day 
so  fixed  for  said  hearing.  The  court  may,  at  the  time  of  making 
such  order,  or  at  any  time  before  the  hearing,  further  order  that 
the  parties  owning  or  having  an  interest  in  the  real  estate  pro¬ 
posed  to  be  taken  or  damaged,  be  served  with  a  copy  of  said 
order,  either  by  delivering  to  each  of  such  owners  or  parties 
interested  at  any  time  before  the  day  fixed  therein  for  a  hearing, 
a  copy  of  the  order  or  by  leaving  such  copy  at  their  usual  place 
of  abode  with  some  member  of  their  respective  families  over  the 
age  of  fifteen  years;  and  in  case  of  corporation,  by  delivering 
a  copy  to  the  president,  secretary,  or  some  managing  officer 
thereof,  or  to  any  agent  of  such  corporation  in  charge  of  any 
office  or  place  of  business  of  such  corporation. 

If  service  of  such  notice  cannot  be  made  on  any  or  all  of 
such  parties  as  above  described,  within  said  city,  when  personal 
service  is  ordered  by  said  court,  the  return  on  such  notice  shall 
so  state,  and  thereupon  an  alias  order  specifying  a  different  date 
may  be  made  by  said  court,  if  deemed  advisable,  notifying  such 
unserved  parties  of  the  fact  as  in  case  of  the  original  notice 
above  provided.  Said  cause  may  be  continued  or  postponed 
from  time  to  time  as  in  civil  causes  in  said  court.  It  shall  not 
be  required  in  any  case  to  bring  in  any  person  other  than  the 
owners  of  the  property  or  those  interested  therein,  who  were 
such  at  the  time  of  the  taking  effect  of  such  ordinance;  and  the 
parties  claiming  or  holding  through  or  under  such  owners,  or 
parties  interested,  or  any  of  them,  shall  be  bound  by  the  pro¬ 
ceedings  as  fully  as  if  they  were  brought  in;  but  any  persons 
having  an  interest  in  the  real  estate  to  be  affected  by  the  said 
proceedings,  may,  upon  application  and  entering  their  appear¬ 
ance,  be  made  parties  thereto;  but  no  notice  of  such  proceedings 
shall,  in  any  case,  be  necessary  to  the  validity  thereof,  except 
the  publication  of  the  order  as  herein  provided.  Notice  so  given 
by  publication  shall  be  sufficient  to  authorize  the  court  to  hear 
and  determine  the  cause  and  to  make  any  finding  or  order,  or 
render  any  judgment  therein,  as  fully  as  though  all  the  parties 
interested  at  the  time  of  the  taking  effect  of  such  ordinance, 
or  at  any  time  thereafter,  had  been  sued  by  their  proper  names, 
and  had  been  personally  served. 

Affidavit  by  the  publisher,  manager,  or  any  person  con¬ 
nected  with  the  newspaper  in  which  such  order  was  published, 
accompanied  with  a  printed  copy  of  the  notice  shall  be  prima 
facie  evidence  of  the  publication  of  such  order  as  herein  re¬ 
quired. 

The  service  of  such  notice  or  order,  when  so  ordered  by 


170 


the  court,  may  be  made  by  a  policeman  of  the  city,  or  by  any 
constable  or  officer  authorized  to  serve  judicial  writs;  and  any 
return  of  service  by  a  policeman,  constable  or  other  officer,  shall 
be  evidence  of  the  facts  therein  stated. 

Sec.  12.  If  any  incorporated  company  which  may  be  in¬ 
terested  in  the  whole  or  in  any  part  of  the  land  to  be  taken  or 
damaged  by  the  said  proceedings,  be  entitled,  under  the  law  of 
the  land,  to  trial  of  its  claim  for  compensation  therefor  by  a 
common  law  jury  of  twelve  men,  it  may  at  any  time  prior  to 
the  day  fixed  as  herein  provided  for  empaneling  a  jury,  file  in 
the  office  of  the  clerk  of  said  court,  a  petition  in  which  it  shall 
state  the  description  of  the  property  owned  or  claimed  by  it 
so  to  be  taken  or  damaged  and  the  amount  and  nature  of  its 
claim  therefor  and  may  further  state  that  it  demands  a  trial 
before  a  common  law  jury  of  twelve  men  of  its  claim  for  com¬ 
pensation  therefor;  and  if  any  such  incorporated  company  shall 
not  so  file  such  petition  before  such  date,  it  shall  be  deemed  and 
taken  to  have  waived  its  right  of  trial  by  a  jury  as  aforesaid  of 
such  issue.  And  if  any  incorporated  company  which  may  under 
the  law  of  the  land  be  entitled  to  a  trial  by  jury  as  aforesaid, 
shall  file  such  petition,  then  the<  court  shall  cause  such  jury  to  be 
empaneled  for  the  trial  of  such  claim;  and  the  issues  to  be  tried 
by  such  jury  shall  be  the  actual  value  of  the  land  of  such  claim¬ 
ant  taken,  if  any,  and  the  amount  of  damage  to  the  land  of  such 
claimant  not  taken,  by  the  public  use  thereof,  and  by  the  use  of 
the  land  taken  for  the  purposes  for  which  it  is  taken,  including 
all  that  the  city  may,  from  time  to  time,  do  or  cause  to  be  done, 
with  or  upon  the  private  property  so  taken  or  damaged.  If 
two  or  more  such  incorporated  companies  interested  in  the  land 
to  be  taken  or  damaged  as  aforesaid  be  entitled  to  trial  by  a 
common  law  jury  as  aforesaid,  and  shall  make  demand  therefor 
as  aforesaid,  the  court  may,  in  its  discretion,  as  may  appear  ex¬ 
pedient,  order  that  all  such  claims  shall  be  tried  at  the  same  time 
before  one  jury,  and  said  cause  or  further  proceedings  in  the 
same  shall  be  continued  from  time  to  time  by  the  court  until 
such  issue  or  issues  shall  have  been  determined  by  the  verdict 
of  said  jury. 

Provided,  that  any  party  to  such  issue  which  may  feel 
aggrieved  by  the  verdict  of  said  jury  may,  within  four  days 
after  the  rendition  of  the  same,  file  its  motion  for  a  new  trial 
and  in  arrest  of  judgment,  and  said  motion  or  motions  shall  be 
heard  without  delay,  and  after  hearing  the  same,  the  court  may 
overrule  the  same,  or  may  order  a  new  trial  of  such  issue  or 
issues  on  good  cause  shown;  but  no  appeal  from  the  judgment 
of  the  court  overruling  such  motion  shall  be  had  therein  until 


177 


the  final  judgment  of  confirmation  of  the  entire  proceedings  by 
the  said  court  as  hereinafter  provided. 

After  the  rendition  of  the  verdict  of  such  common  law  jury 
of  twelve  men,  and  after  the  hearing  of  the  exceptions  thereto 
on  the  motions  for  new  trial  or  in  arrest  of  judgment,  if  any 
there  be,  or  if  no  such  jury  trial  be  demanded,  then  upon  the 
day  fixed  by  the  order  and  notice  aforesaid  for  empaneling  a 
jury,  or  upon  any  day  thereafter  to  which  said  cause  may  have 
bebn  continued,  as  aforesaid,  the  court  shall  empanel  a  jury  of 
six  freeholders  and  the  cause  shall  proceed  before  such  jury  of 
freeholders  empaneled  to  try  the  same  as  set  forth  in  the  next 
succeeding  section. 

Sec.  13.  Said  court  shall,  upon  the  day  fixed  therefor, 
or  upon  some  subsequent  day,  to  which  said  cause  may  have 
been  continued,  empanel  a  jury  of  six  freeholders  of  the  city, 
who  shall  not  be  interested  in  the  property  to  be  taken,  pur¬ 
chased  or  damaged,  who  shall  receive  the  same  compensation 
as  other  jurors  in  said  court;  and  said  jurors,  upon  entering 
upon  their  duties  as  such,  shall  make  oath  before  the  clerk  of 
said  court  that  they  will  faithfully  and  impartially  ascertain 
the  actual  damages  or  just  compensation  to  be  paid  in  each  case 
separately,  as  well  as  the  benefits,  if  any  to  be  assessed,  under 
such  instructions  as  shall,  after  hearing  the  parties,  be  given 
them  by  the  court.  And  if  there  shall  be  minors,  incompetents, 
or  any  other  person  under  guardianship  interested  in  any  of  the 
lands  to  be  taken  or  damaged,  or  the  lands  to  be  assessed,  such 
persons  may  appear  by  their  guardians,  or  the  court  may,  upon 
application,  appoint  guardians  ad  litem,  who  may  appear  in 
their  behalf,  but  the  failure  of  any  such  persons  to  so  appear 
or  to  be  represented  by  guardians  ad  litem  as  aforesaid,  shall 
not  in  any  manner  affect  the  validity  of  the  procedings.  The 
parties  interested  may  submit  evidence  to  said  jury  of  free¬ 
holders  and  such  jury  may  examine  personally  each  piece  of 
property  described  on  such  map  or  plat  furnished  as  aforesaid 
by  the  city  engineer,  or  his  assistants,  to  the  board  of  park  com¬ 
missioners,  and  all  property  claimed  to  be  damaged;  and  such 
jury  may  examine  personally  the  property,  if  any,  to  be  assessed 
with  benefits,  and  the  city  engineer,  or  the  landscape  architect, 
or  any  assistant  of  either  of  them,  may  accompany  such  jury 
for  the  purpose  of  pointing  out  the  property  aforesaid;  and  the 
court  may  continue  the  proceedings  from  day  to  day,  or  adjourn 
to  a  future  day.  The  party  owning  any  property  taken  may 
remove  any  improvements  thereon,  and  this  provision  may  be 
taken  into  consideration  by  the  jury  in  assessing  damages. 

Sec.  14.  The  jury  shall  ascertain  the  just  compensation  to 
be  paid  as  follows: 


178 


First  :  For  each  piece  of  private  property  taken,  when  the 
public  use  thereof  shall  be  such  that  the  city  must  have  exclusive 
control  thereof,  as  in  the  case  of  a  public  park,  public  square, 
parkway  or  boulevard,  the  actual  value  of  the  property  taken; 
provided,  that  in  case  any  claim  for  compensation  shall  have 
been  tried  and  ascertained  by  a  common  law  jury  as  provided 
in  section  twelve  of  this  article,  any  jury  of  freeholders  in  said 
proceeding  shall  accept  and  adopt  the  valuation  or  assessment 
of  damages  for  any  land  taken  or  damaged  as  assessed  by  said 
common  law  jury,  and  shall  so  recite  the  same  in  and  as  a  part 
of  any  verdict  thereafter  rendered  by  any  such  jury  of  free¬ 
holders. 

Second:  For  each  piece  of  private  property  taken  when 
the  public  use  thereof  may  be  such  that  the  city  need  only  have 
such  possession  and  control  as  shall  not  wholly  exclude  the 
beneficial  use  thereof  by  the  owner  or  owners,  as  in  the  case 
of  a  viaduct,  bridge,  or  route  for  a  sewer,  and  right-of-way 
therefor,  the  actual  damage  from  the  public  uses  specified  in  the 
ordinance. 

Third:  For  all  damages  to  each  piece -of  private  property 
not  actually  taken  so  as  to  give  the  city  possession  or  control 
of  the  same,  the  actual  amount  of  damages  such  private  property 
may  sustain  from  the  use  of  the  private  property  taken  for  the 
public  use  for  which  it  may  be  taken,  including  all  that  the  city 
may  from  time  to  time  do  or  cause  to  be  done  with  or  upon  the 
property  so  taken. 

Sec.  15.  If  the  land  to  be  purchased,  taken  or  damaged 
as  aforesaid,  is  to  be  paid  for  by  the  assessment  of  benefits  upon 
real  estate,  whether  the  land  acquired  is  to  be  condemned  or 
purchased,  the  jury  of  freeholders,  to  pay  compensation  for  die 
land  purchased,  taken  or  damaged,  shall  estimate  the  amount  of 
benefit  to  the  city  at  large,  inclusive  of  any  benefit  to  the  prop¬ 
erty  of  the  city,  and  shall  estimate  the  value  of  the  benefit  of  the 
proposed  improvement  to  each  and  every  lot,  piece  and  parcel 
of  private  property,  exclusive  of  the  buildings  and  improvements 
thereon,  within  the  benefit  district,  if  any  benefit  is  found  to 
accrue  thereto;  and  in  case  the  total  of  such  benefits,  including 
the  benefits  assessed  to  the  city  at  large,  equals  or  exceeds  the 
compensation  assessed,  or  to  be  paid  for  the  property  purchased, 
taken  or  damaged,  then  said  jury  shall  assess  against  the  city 
the  amount  of  benefits  to  the  city  as  aforesaid,  and  shall  assess 
the  balance  of  the  cost  of  such  improvement  against  the  several 
lots  and  parcels  of  private  property  found  benefited,  each  lot  or 
parcel  of  ground  to  be  asessed  with  an  amount  bearing  the  same 
ratio  to  such  balance  as  the  benefit  to  each  lot  or  parcel  bears 
to  the  whole  benefit  to  all  the  private  property  assessed. 


179 


Sec.  16.  The  jury  of  freeholders  shall  render  a  verdict 
which  shall  show : 

First  :  A  correct  description  of  each  piece  or  parcel  of 
private  property  taken,  if  any,  and  the  value  thereof,  and  of  each 
piece  or  parcel  of  private  property  damaged,  and  the  amount 
of  injury  thereto;  and  in  case  the  property  to  be  taken  or  dam¬ 
aged  is  to  be  paid  for  out  of  the  general  fund,  or  out  of  the 
funds  belonging  to  the  park  district  in  which  the  same  is  situ¬ 
ated,  or  from  the  issue  and  sale  of  bonds  of  the  city,  and  not 
by  the  assessment  of  benefits  against  real  estate,  no  further  find¬ 
ing  of  the  jury  shall  be  necessary. 

Second:  If  the  property  purchased,  taken  or  damaged 
is  to  be  paid  for  by  the  assessment  of  benefits  upon  real  estate, 
the  verdict  of  said  jury  shall  also  show,  in  compensation  for  the 
property  purchased,  taken  or  damaged,  the  amount,  if  any, 
assessed  against  the  city,  which  shall  stand  as  a  judgment  against 
the  city,  and  shall  show  the  amount  of  benefits  assessed  against 
each  piece  and  parcel  of  private  property  found  benefited  within 
the  benefit  district.  1 

'  i  > 

The  city  engineer,  city  assessor,  and  landscape  architect,  or 
their  assistants,  shall,  when  required,  aid  said  jury  of  freehold¬ 
ers  to  put  its  verdict  in  proper  form,;  and  said  jury  may  use  the 
books,  plats  and  records  in  the  office  of  the  city  assessor  for 
such  purpose,  aftd  if  the  jury  shall  find  that  any  number  of 
tracts  or  parcels  of  land  within  the  benefit  district  are  benefited 
ratably  in  proportion  to  the  assessed  value  thereof  as  shown 
by  the  books  of  said  assessor,  they  may  so  assess  the  same; 
and  said  jury  shall  not, be  discharged  until  its  verdict  shall  have 
been  reviewed  by  the  court  and  is  correct  in  form.  Said  verdict 
shall  be  signed  by  each  of  said  jurors,  and  the  verdict  of  said 
jury  may  be  reviewed  by  said  court,  and  said  jury  may  be  re¬ 
quired  by  the  court  to  correct  any  errors  of  description  or  other 
clerical  errors;  and  the  court  may,  on  its  own  motion,  or  may 
on  the  motion  of  the  city,  or  of  any  party  interested  in  the  pro¬ 
ceedings,  filed  within  foqr  days  after  the  rendition  of  the  ver¬ 
dict,  for  good  cause,  set  aside  the  verdict  of  said  jury  of  free¬ 
holders,  and  thereupon,  without  further  notice,  may  appoint  a 
new  jury  of  freeholders  to  make  a  new  appraisement  or  assess¬ 
ment,  and  fix  a  time  and  place  for  empaneling  such  other  jury 
and  for  a  rehearing  of  the  whole  matter;  provided,  that  the  ver¬ 
dict  of  any  common  law  jury  theretofore  rendered  in  such  pro¬ 
ceeding,  fixing  the  compensation  to  be  paid  to  any  incorporated 
company  shall  be  accepted  by  such  new  jury  of  freeholders  as 
part  of  its  finding. 


180 


Sec.  17.  The  verdict,  unless  set  aside  as  aforesaid,,  shall 
be  confirmed  and  judgment  entered  thereon  that  the  city  have 
and  hold  the  property  sought  to  be  taken  upon  payment  of  the 
compensation  assessed  therefor,  for  the  purpose  specified  and 
the  ordinance  providing  for  said  improvement,  and  that  the 
city  pay  the  benefits  assessed  against  said  city,  that  the  city 
recover  the  respective  amount  assessed  against  private  property, 
and  that  the  several  lots  and  parcels  of  private  property,  and 
that  the  several  lots  and  parcels  of  private  property  so  assessed 
to  pay  compensation  for  the  verdict  stand  severally  charged  and 
be  bound  for  the  payment  of  the  respective  assessments  and  the 
interest  that  may  accrue  thereon ;  and  if  said  assessments  are, 
by  the  ordinance  aforesaid,  made  payable  in  more  than  one 
installment,  the  judgment  shall  so  recite.  Such  judgment  shall 
be  by  the  clerk  docketed  and  indexed  in  the  books  used  for  that 
purpose.  And  if  such  assessment,  or  any  portion  thereof,  against 
any  tract  or  parcel  assessed,  or  any  portion  thereof,  be  not  paid 
and  discharged  when  the  same  becomes  due  or  collectible,  and 
shall  be  in  default  as  hereinafter  provided,  the  collection  of  the 
same  may  be  enforced  by  special  execution  or  executions  against 
the  lot,  tract  or  parcel  of  land  charged  with  the  lien  thereof; 
and  such  execution  or  executions  shall  issue  upon  the  filing  of 
the  statement  of  the  city  treasurer  with  the  clerk  of  the  court, 
showing  what  assessments  are  unpaid  and  collectible,  and 
against  what  lots  and  parcels  of  land,  and  the  amount  or  amounts 
due  and  collectible  thereon. 

The  proceedings  under  such  special  execution  or  execu¬ 
tions,  shall,  as  far  as  practicable,  conform  to  the  proceedings 
under  special  executions  on  ordinary  judgments  foreclosing  liens 
on  lands,  and  any  such  execution  herein  authorized  shall  be 
deemed  sufficient  if  it  recites  the  date  of  the  judgment,  the 
amount  assessed  remaining  unpaid  against  the  tract  or  tracts 
described  in  such  execution,  states  that  such  tract  or  tracts  were 
assessed  to  pay  compensation  for  private  property  purchased, 
taken  or  damaged  for  public  use,  as  provided  in  the  ordinance 
ordering  such  improvement,  giving  the  title  and  date  of  the 
taking  effect  of  such  ordinance,  and  commands  the  sheriff  to 
sell  each  tract  or  parcel  of  property  described  in  said  execution, 
or  so  much  thereof  as  may  be  necessary  to  satisfy  the  assess¬ 
ment,  interest  and  costs  of  such  execution  and  sale.  And  any 
number  of  tracts  and  parcels  included  in  one  judgment  may 
be  sold  under  one  and  the  same  execution,  and  at  the  same  time, 
and  in  pursuance  of  one  notice  of  sale,  in  which  case  the  costs 
of  such  execution  and  sale  shall  be  apportioned  against  the  sev¬ 
eral  tracts  and  parcels  in  proportion  to  the  number  of  the  same, 
included  in  such  execution;  but  on  any  such  judgment  execu- 


181 


tion  may,  at  the  instance  of  the  city,  issue  against  one  or  more 
tracts  separately  at  different  times,  or  two  or  more  tracts  may 
be  included  in  one  execution. 

Upon  sales  made  by  the  sheriff  under  any  special  execution 
he  shall  issue  to  the  purchaser  a  certificate  of  purchase  setting 
forth  the  substance  of  such  special  execution  so  far  as  it  relates 
to  the  property  described  in  such  certificate,  the  date  of  sale, 
the  purchaser,  and  the  property  sold,  and  the  amount  bid.  Such 
certificate  of  purchase  shall  be  delivered  by  the  sheriff  to  the 
purchaser  on  payment  of  the  amount  bid,  which  certificate  shall 
be  executed  and  acknowledged  by  such  sheriff  before  some 
officer  authorized  to  take  acknowledgments  of  instruments  af¬ 
fecting  real  estate,  and  shall  be  filed  for  record  in  the  office  of 
the  recorder  of  deeds  of  Jackson  County,  at  Kansas  City,  with¬ 
in  six  months  after  the  date  of  the  same.  If  the  property  so 
sold  be  redeemed  within  one  year  from  the  date  of  such  sale 
by  the  owner  of  or  a  party  interested  in  said  property  by  pay¬ 
ment  to  the  sheriff  of  the  amount  due  on  said  judgment,  to¬ 
gether  with  any  taxes  that  may  have  been  paid  by  the  pur¬ 
chaser  after  such  sale,  and  before  redemption,  including  in¬ 
terest  on  said  amounts  at  the  rate  of  ten  per  cent  per  annum 
and  costs  up  to  the  date  of  the  redemption,  no  deed  shall  be 
given  by  the  sheriff.  The  holder  of  said  certificate  of  purchase, 
prior  to  the  redemption  thereof,  shall  have  the  right  to  pay 
general  and  special  taxes  and  special  assessments  against  the 
property  described  in  said  certificate  of  purchase  when  the  same 
are  due  and  payable,  and  shall  deliver  the  receipt  or  receipts 
therefor  to  the  sheriff,  and  any  redemption  by  the  owner  or 
party  interested  in  such  property  shall  include  the  amount  of 
such  payments  with  interest  thereon  as  above  provided.  Upon 
such  redemption  as  herein  provided  of  any  lot  or  parcel  of  land 
sold  under  special  execution,  the  sheriff  shall  give  a  certificate 
of  redemption  describing  said  lot  or  parcel  and  acknowledging 
receipt  in  full  of  such  judgment,  interest  and  costs,  which  shall 
be  executed  and  acknowledged  by  such  sheriff  before  some  of¬ 
ficer  authorized  to  take  acknowledgments  of  deeds  to  real  estate, 
and  the  cost  thereof  shall  be  included  in  the  cost  of  such  re¬ 
demption.  If  the  lot  or  parcel  of  land  so  sold  be  not  redeemed 
as  herein  provided,  a  deed  shall  be  given  at  the  end  of  one  year 
from  the  date  of  said  sale  by  the  sheriff  to  the  holder  of  said 
certificate.  Such  deed  may  be  given  to  the  original  holder  or 
his  assignee,  and  shall  vest  in  the  grantee  all  the  right,  title,  in¬ 
terest  and  estate  in  the  lot  or  parcel  so  sold. 

.Sec.  18.  Any  party  aggrieved  by  any  verdict  and  judg¬ 
ment  aforesaid  may  take  an  appeal  therefrom  by  filing  such 
affidavit  as  is  required  in  the  appealing  of  civil  cases  and  filing 


182 


a  bond  in  such  sum  and  with  such  security  as  may  be  approved 
by  the  circuit  court,  or  judge  thereof,  conditioned  that  the  party 
appealing,  should  the  judgment  be  affirmed  by  the  appellate 
court,  or  such  appeal  be  dismissed,  pay  all  costs  of  such  appeal. 
The  bond  and  affidavit  for  such  appeal,  however,  shall  be  filed 
within  twenty  days  from  the  rendition  of  the  judgment  of  con¬ 
firmation  of  the  verdict,  and  the  appeal  shall  be  perfected  with¬ 
in  sixty  days  from  the  date  of  said  judgment,  unless  further 
time  be  granted  by  the  court.  In  case  of  appeal,  the  judgment 
shall  stand  suspended  until  the  appeal  is  disposed  of,  and  no 
interest  shall  be  allowed  or  collected  on  the  judgment  or  on 
the  assessments  until  such  judgment  be  affirmed  or  appeal  be 

dismissed.  No  writ  of  error  shall  be  allowed.  The  clerk  of 

the  appellate  court  shall  put  such  case  on  the  docket  for  hear¬ 
ing  at  the  next  term  of  that  court  after  the  appeal  is  allowed. 

No  error  nor  defect  not  affecting  the  rights  of  the  appellant 

shall  work  a  reversal  of  the  judgment. 

Sec.  19.  The  Common  Council  shall  have  the  power,  with 
the  concurrence  of  the  board  of  park  commissioners,  at  any  time 
before  any  of  the  parties  assessed  with  benefits  shall  have  paid 
the  amount  so  assessed,  to  repeal  the  ordinance  ordering  the 
proposed  improvement,  if  such  repeal  be  deemed  for  the  best 
interests  of  the  city;  and  in  such  event  the  judgment  for  com¬ 
pensation  and  benefits  shall  be  void. 

i 

Sec.  20.  After  the  judgment  of  confirmation  of  such  ver¬ 
dict  and  proceedings,  the  clerk  of  said  court  shall  certify  under 
the  seal  of  said  court  to  two  copies  of  said  verdict,  one  of  which 
copies  he  shall  deliver  to  the  City  Treasurer  and  one  to  the  Comp¬ 
troller,  and  said  assessment  for  benefits,  if  any,  against  private 
property,  shall  be  a  lien  from  the  date  of  the  taking  effect  of 
the  ordinance  in  pursuance  of  which  said  assessments  are  made, 
and  such  proceedings  instituted,  and  shall  attach  to  the  several 
lots  or  parcels  of  land  so  assessed  with  benefits  as  aforesaid; 
and  said  lien  shall  continue  against  each  lot  or  parcel  assessed 
until  the  assessment  against  such  lot  or  parcel  has  been  paid  or 
collected  in  full,  both  principal  and  interest.  No  assessment 
shall  be  defeated  or  affected  by  any  irregularity  affecting  any 
other  assessment  or  from  the  rendering  of  any  other  assess¬ 
ment  invalid  in  whole  or  in  part. 

Sec.  21.  Said  assessments  shall  be  payable  in  one  install¬ 
ment,  or  in  such  number  of  annual  installments  as  may  be  de¬ 
termined  by  the  Common  Council  upon  the  recommendation  of 
the  board  of  park  commissioners,  such  determination  to  be  de- 


183 


dared  in  the  ordinance  of  the  Common  Council  under  which  said 
proceedings  are  instituted.  All  assessments  confirmed  by  the 
circuit  court  during  any  year  ending  with  the  thirtieth  day  of 
April,  if  payable  in  more  than  one  installment,  shall  have  their 
first  installment  due  on  the  thirtieth  day  of  June  next  follow¬ 
ing,  and  the  successive  installments  shall  be  due  on  the  thir¬ 
tieth  day  of  each  succeeding  June  until  all  shall  have  been  paid, 
with  interest  as  provided  by  law;  provided,  that  assessments 
payable  in  one  installment  shall  be  payable  without  interest  with¬ 
in  sixty  days  after  said  judgment  of  confirmation  thereof,  and 
if  not  so  paid,  shall  bear  interest  at  the  rate  of  eight  per  cent 
per  annum  from  the  date  of  the  confirmation  thereof,  and  exe¬ 
cution  may  issue  thereon.  Installments  of  all  assessments  pay¬ 
able  in  more  than  one  installment  may  be  paid  without  interest 
within  sixty  days  after  the  date  of  the  judgment  of  confirma¬ 
tion  of  the  verdict  of  the  jury  making  said  assessment;  but  if 
not  so  paid,  they  shall  bear  interest  at  the  rate  of  six  per  cent 
per  annum  from  the  date  of  said  judgment  of  confirmation 
thereof,  and  such  interest  shall  be  due  and  payable  annually  on 
the  thirtieth  day  of  June  of  each  year;  provided,  however,  that 
the  owner  of  the  property  charged  with  the  payment  of  such 
assessment  or  any  installment  thereof,  or  the  owner  of  any  in¬ 
terest  therein,  shall  have  the  privilege  of  paying  such  assess¬ 
ment  in  full,  or  any  installment  thereof,  at  any  time  by  paying 
all  the  interest  thereon  to  a  date  six  months  after  the  date  of 
said  payment,  except  only  as  to  any  installment  due  within  six 
months  from  the  date  of  such  payment,  upon  which  installment 
interest  shall  be  paid  to  maturity  thereof  ;  and  on  and  after  the 
first  day  of  June  of  each  year  any  statements  made  by  the  City 
Treasurer  of  taxes  due  or  payable  on  any  real  estate  shall  in¬ 
clude  all  assessments  or  installments  thereof  or  interest  there¬ 
on,  due  on  the  thirtieth  day  of  June  of  said  year,  and  the  City 
Treasurer  shall  receive  payment  thereof  at  the  same  time  with 
the  payment  of  city  taxes.  All  installments  of  assessments  and 
interest  on  any  such  installments,  if  not  paid  at  maturity,  shall 
bear  interest  thereon  at  the  rate  of  eight  per  cent  per  annum 
until  paid;  and  if  any  installment  of  any  assessment,  payable 
in  more  than  one  installment,  or  if  interest  on  any  installments 
be  not  paid  at  maturity  and  shall  remain  in  default  for  three 
months  thereafter,  then  all  the  unpaid  installments  and  interest 
shall  be  collectible,  together  with  interest  thereon  at  the  rate 
of  eight  per  cent  per  annum  from  the  date  of  the  maturity  of 
said  interest  or  installment  in  default,  and  special  execution  or 
executions  may  issue  as  aforesaid  for  the  collection  of  all  the 
installments  and  interest  unpaid  and  the  costs  of  such  collec¬ 
tion.  Provided,  that  the  owner  or  party  interested  may  pay  to 


184 


the  City  Treasurer  at  any  time  before  special  execution  has  is¬ 
sued  against  his  land,  the  amount  of  the  installment  or  install¬ 
ments  and  interest  in  default  with  interest  thereon  at  eight  per 
cent  as  aforesaid,  in  which  case  the  installments  not  then  due 
shall  not  be  affected  by  such  default. 

Nothing  in  this  section  contained  shall  affect  or  change  the 
rate  of  interest  upon  any  assessment  or  installments  of  assess¬ 
ments  made  under  the  charter  of  Kansas  City  prior  to  the  adop¬ 
tion  of  this  charter  and  still  unpaid,  but  all  assessments  and 
provisions  thereof  shall  be  and  remain  in  full  force  and  effect 
until  the  same  have  been  paid  in  full. 

Sec.  22.  The  City  Treasurer  shall  keep  a  record  of  all  spe¬ 
cial  assessments  charged  against  lands  hereunder.  All  assess¬ 
ments  and  interest  thereon  shall  be  payable  at  the  office  of  the 
City  Treasurer  at  any  time  before  special  execution  has  issued 
thereon,  and  thereafter  they  shall  be  payable  to  the  sheriff  with 
costs,  at  any  time  before  the  date  of  sale.  The  City  Treasurer 
shall  receive  payment  of  assessments  on  part  of  any  lot,  parcel 
or  piece  of  land,  or  of  any  undivided  interest  therein,  or  on  the 
whole,  in  the  same  manner  and  to  the  same  extent  as  in  the 
case  of  the  payment  of  city  taxes  or  special  tax  bills,  and  shall 
make  entry  on  his  books  accordingly,  showing  on  what  lot,  piece 
or  parcel  of  iand  payment  has  been  made.  When  any  person 
shall  pay  an  assessment  or  installment,  or  part  thereof,  it  shall 
be  the  duty  of  the  City  Treasurer  to  sign  a  receipt  and  duplicate 
receipt  therefor;  but  it  shall  be  sufficient  if  the  amount  paid 
be  shown  as  stated  in  the  receipt  given  for  city  taxes.  The 
treasurer  shall  immediately  deliver  all  such  receipts  to  the  city 
Auditor,  whose  duty  it  shall  be  to  countersign  and  deliver  the 
original  receipt  to  the  payor,  and  retain  the  duplicate,  from 
which  he  shall,  from  day  to  day,  make  a  perfect  record  and  ac¬ 
count  showing  what  sums  have  been  received  by  the  Treasurer 
for  each  park  district,  and  on  account  of  what  improvement 
And  it  shall  be  the  duty  of  the  city  teasurer  to  include  in  any 
statement  of  taxes  due  on  any  real  estate,  any  special  assess¬ 
ments  or  installments  thereof,  or  interest  thereon  which  may 
be  due  on  said  real  estate.  Payment  of  said  assessments  in 
full  to  the  city  treasurer  as  provided  in  this  section  shall  operate 
as  a  satisfaction  of  the  judgment  therefor,  and  the  lien  on  the 
land  charged  therewith.  The  rebates  provided  for  the  payment 
of  city  taxes  before  the  same  are  due  shall  not  apply  to  assess¬ 
ments  collected  hereunder. 

Sec.  23.  The  city  treasurer  shall  collect  said  assessments 
and  all  interest  thereon  and  hold  all  moneys  collected  therefrom, 
or  by  sale  of  lands  under  execution  as  aforesaid,  upon  special 


185 


V 


trust  to  apply  the  same  in  payment  of  land  purchased,  taken  or 
damaged  as  aforesaid,  or  in  payment  of  park  fund  certificates 
as  hereinafter  provided;  and  any  balance  or  surplus  resulting 
after  all  such  payments,  shall  accumulate  for  the  use  of  the  park 
district  or  districts,  and  may  be  applied  and  used  by  the  board 
of  park  commissioners  in  its  discretion.  It  shall  be  his  duty  to 
keep  a  separate  and  full  account  for  each  list  of  special  assess¬ 
ments  growing  out  of  a  separate  proceeding  as  aforesaid,  of  all 
moneys  received  and  paid  out,  and  of  all  park  fund  certificates, 
if  any,  issued  thereon,  and  of  the  payment  and  cancellation  of 
the  same,  and  of  the  distribution  of  dividends  made  thereon,  as 
hereinafter  set  forth;  and  he  shall  make  report  thereof  each 
year  as  part  of  his  annual  report  to  said  city;  and  shall  publish 
the  same  with  his  annual  statement. 

And  the  Comptroller  shall  publish  the  same  with  his  annual 
statement,  and  the  Treasurer  shall  make  a  full  report  as  to  each 
list  of  special  assessments  growing  out  of  each  separate  pro¬ 
ceeding  as  aforesaid  at  the  date  when  the  installment  thereof 
becomes  due,  which  report  shall  show  the  amount  of  such  as¬ 
sessments  still  unpaid,  together  with  the  tracts  or  parcels  of 
land  against  which  said  assessments  stand,  and  it  shall  be  his 
duty  to  proceed  to  the  collection  of  all  such  delinquent  assess¬ 
ments  in  the  manner  provided  in  Section  17  of  this  article;  pro¬ 
vided,  that  if  the  holder  of  a  majority  of  any  series  of  park 
fund  certificates  issued  in  pursuance  of  this  article,  shall  require 
the  collection  of  any  installments  of  any  special  assessments 
that  may  be  delinquent,  upon  which  said  series  of  park  fund 
certificates  are  based,  it  shall  be  the  duty  of  the  city  treasurer 
to  make  out  a  list  of  such  delinquents  and  proceed  to  the  col¬ 
lection  of  the  same  as  aforesaid. 

Any  moneys  received  from  special  assessments  upon  which 
no  park  fund  certificates  have  been  issued,  shall  be  applied  di¬ 
rectly  to  the  purposes  for  which  said  assessments  were  made; 
but  the  City  Treasurer  shall  hold  all  funds  collected  from  spe¬ 
cial  assessments  with  interest  thereon,  if  any,  including  annual 
assessments  for  maintenance  of  parks  and  boulevards  within 
each  park  district  until  the  same  are  applied  to  the  purposes 
for  which  said  assessments  were  made:  and  he  shall  be  respon¬ 
sible  for  the  safe  keeping  of  said  funds  to  the  same  extent  as 
for  other  city  funds,  and  shall  keep  separate  accounts  for  each 
park  district,  and  all  interest  accruing  on  daily  balances  shall 
be  credited  to  such  funds  for  each  district;  and  for  any  breach 
of  duty  by  the  Treasurer  or  Comptroller,  prescribed  in  this  ar¬ 
ticle,  they  shall  respectively  be  liable  for  a  breach  of  duty  as 
in  respect  to  other  city  funds;  and  the  bond  required  for  the 
treasurer  for  the  faithful  discharge  of  his  duties  shall  be  held 


186 


to  cover  also  the  duties  regarding  all  moneys  collected  from 
special  assessments  as  aforesaid,  and  his  duties  as  trustee  here¬ 
under,  and  his  bondsmen  shall  be  liable  for  any  breach  of  said 
trust  or  said  duty. 

Sec.  24.  After  the  confirmation  by  the  circuit  court,  or 
appellate  court  on  appeal,  as  hereinbefore  provided,  of  any  ver¬ 
dict  in  any  proceeding  in  which  special  benefits  are  assessed 
against  real  estate  as  compensation  for  property  purchased, 
taken  or  damaged  for  park  purposes,  the  common  council,  upon 
the  recommendation  of  the  board  of  park  commissioners,  and 
for  the  purpose  of  raising  money  in  advance  of  dates  when  as¬ 
sessments  are  due,  to  pay  for  land  purchased,  taken  or  dam¬ 
aged,  may  provide  by  ordinance  that  the  city  treasurer  shall 
issue  park  fund  certificates  in  amount  not  to  exceed  the  total 
amount  of  assessments  against  the  private  property  shown  in 
any  such  verdict  and  unpaid  at  the  expiration  of  sixty  days  from 
the  confirmation  thereof  as  aforesaid.  Such  certificates  shall 
be  in  such  form  and  for  such  sums  as  may  be  provided  by  or¬ 
dinance,  and  shall  be  either  payable  to  the  order  of  the  reg¬ 
istered  holder  or  be  payable  to  bearer.  Any  such  certificate 
shall  entitle  the  holder  or  owner  thereof  to  his  proportionate 
share  as  shown  by  such  certificate,  of  the  special  assessments 
and  the  interest  thereon,  as  the  same  are  collected,  upon  which 
such  certificates  are  issued,  and  shall  so  specify. 

Distribution  of  the  amounts  collected  upon  said  special  as¬ 
sessments,  including  interest,  shall  be  made  to  the  holder  or 
holders  of  such  certificates  pro  rata  at  least  semi-annually,  at 
such  specified  dates  as  may  be  provided  in  the  ordinance  author¬ 
izing  the  issue  of  the  same,  and  the  holder  shall  receipt  for 
such  payments;  and  the  city  shall  be  liable  on  such  certificates 
to  the  holders  thereof  for  the  sums  collected  from  the  special, 
assessments  upon  which  said  certificates  are  issued  and  not 
otherwise. 

Should  the  purchaser  or  holder  elect,  said  certificates  shall 
be  registered  by  the  Comptroller  in  the  name  of  the  owner  and 
his  assigns  from  time  to  time,  and  the  Comptroller  shall  certify 
such  registration  to  the  holder. 

All  park  fund  certificates  issued  on  account  of  special  as¬ 
sessments  growing  out  of  the  same  condemnation  or  assess¬ 
ment  proceeding,  including  supplemental  proceedings,  which 
shall  be  considered  a  part  of  the  original  proceeding,  shall  be 
designated  as  a  series;  and  if  any  series  comprises  more  than 
one  certificate,  such  certificates  shall  be  numbered. 

Each  of  such  park  fund  certificates  shall  bear  the  certifi¬ 
cate  of  the  city  treasurer  and  the  attestation  of  the  comptroller 
that  the  same  is  one  of  a  series  of  certificates  issued  on  account 


* 


187 


of  certain  special  assessments  to  which  such  series  relates,  and 
that  such  series  is  not  in  excess  of  the  same;  and  the  comp¬ 
troller  shall  keep  a  record  of  all  certificates  issued  in  each  series, 
and  of  all  payments  and  dividends  thereon,  and  shall  publish 
the  same  in  his  annual  statement,  and  also  statements  of  the 
amounts  received  by  the  city  treasurer  from  assessments;  and 
shall,  at  the  request  of  the  holder  of  any  park  fund  certificate, 
certify  to  such  holder  the  amount  that  has  been  collected  and 
paid  on  the  same  from  special  assessments,  both  principal  and 
interest. 

Immediately  upon  full  payment  and  surrender  of  any  park 
fund  certificates,  the  Treasurer  shall  cancel  the  same  and  keep 
a  record  thereof,  and  deliver  the  same  to  the  Comptroller,  who 
shall  give  the  Treasurer  a  receipt  therefor;  but  when  all  the  spe¬ 
cial  assessments  represented  by  a  series  of  such  certificates  have 
been  fully  collected  so  far  as  possible,  with  interest  thereon, 
and  all  sums  collected  have  been  distributed  as  aforesaid,  such 
certificates  shall  be  surrendered  and  cancelled,  and  if  not  sur¬ 
rendered,  shall  nevertheless  be  void. 

Sec.  25.  The  board  of  park  commissioners  may  sell  such 
park  fund  certificates  at  such  price  not  less  than  the  face'  value 
of  the  amount  of  special  assessments,  excluding  interest,  repre¬ 
sented  by  said  certificates,  as  may  be  obtainable,  and  shall  de¬ 
termine  the  manner  and  meajis  of  such  sale.  Such  certificates 
shall  be  delivered  by  the  city  treasurer  to  the  purchaser,  upon 
payment  therefor,  upon  the  order  of  the  board  of  park  commis-  > 
sioners,  specifying  the  price,  which  order  shall  be  countersigned 
by  the  comptroller,  who  shall  keep  a  record  thereof;  and  the 
proceeds  of  such  certificates  so  sold  shall  be  used  for  payment 
for  land  purchased  or  condemned  for  a  park  or  for  park  pur¬ 
poses,  for  the  establishment  of  which  the  special  assessments 
were  made  on  which  such  certificates  are  issued  :  and  any  sur¬ 
plus  remaining  after  all  such  payments  are  made  in  full  shall 
accumulate  for  the  use  of  the  park  district  or  districts;  but  such 
certificates  may,  by  agreement,  be  issued  directly  in  payment 
for  land  purchased,  taken  or  damaged  for  parks  or  park  pur¬ 
poses. 

All  payments  made  out  of  the  city  treasury  for  land  pur¬ 
chased  or  condemned  under  this  article,  as  well  as  payments 
made  to  the  holders  of  park  fund  certificates  issued  hereunder, 
shall  be  made  upon  requisition  upon*the  auditor  for  warrants 
signed  by  the  comptroller,  and  for  all  payments  made  by  the 
city  to  owners  or  parties  interested  in  land  so  purchased  or  con¬ 
demned,  the  comptroller  shall  take  proper  receipts  from  all  such 
persons  or  from  their  duly  authorized  representatives. 


188 


Sec.  26.  It  shall  be  the  duty  of  the  city  treasurer,  comp¬ 
troller.  and  said  board  of  park  commissioners,  at  all  times  to 
protect  such  park  fund  certificates  by  all  means  provided  there¬ 
for,  and  said  city  treasurer  shall  pay  all  sums  collected  from 
special  assessments  as  aforesaid  to  the  holders  of  such  certifi¬ 
cates  issued  thereon,  and  shall  pay  the  same  promptly  on  de¬ 
mand  on  the  dates  fixed  for  the  distribution  thereof  as  pro¬ 
vided  by  ordinance. 

Sec.  27.  When,  by  reason  of  any  error,  defect  or  omis¬ 
sion  in  any  proceedings  that  may  be  instituted  under  the  pro¬ 
visions  of  this  article,  a  portion  of  the  private  property  sought 
to  be  taken,  or  some  interest  therein,  cannot  be  acquired,  or 
an  assessment  is  made  against  private  property  which  cannot 
be  enforced  or  collected,  said  board  of  park  commissioners  may, 
and  in  case  park  fund  certificates  have  been  issued,  shall,  insti¬ 
tute,  carry  on  and  maintain  supplemental  proceedings  to  ac¬ 
quire  the  right  and  title  to  such  property  or  interest  therein,  in¬ 
tended  to  be  taken  by  the  first  proceeding,  but  which  cannot  on 
account  of  such  defect,  error  or  omission,  be  acquired  thereun¬ 
der,  or  to  properly  assess  against  any  piece  or  parcel  of  private 
property  against  which  an  assessment  was  in  the  first  proceeding 
erroneously  made,'  or  omitted  to  be  made  the  proper  amount 
such  private  property,  exclusive  of  the  improvements  thereon, 
is  benefited  by  the  proposed  park  or  other  improvements,  to  be. 
determined  by  the  verdict  of  the  jhry  in  such  supplemental  pro¬ 
ceedings  :  and  the  original  assessments  may  be  revised,  corrected, 
increased  or  diminished  as  may  be  necessary  or  equitable  under 
the  provisions  of  this  article  for  the  original  proceedings.  Such 
supplemental  proceedings  shall  be  instituted  and  conducted  as 
to  the  particular  piece  or  pieces  of  private  property  sought  to 
be  acquired  or  ^assessed,  in  like  manner  and  with  like  effect  as 
in  the  original  proceedings,  and  shall  be  known  and  described 
as  supplemental  proceedings,  for  the  purposes  specified  in  the 
original  ordinance:  and  a  supplemental  verdict  and  assessment 
shall  be  made,  confirmed  and  two  copies  of  the  original  verdict 
certified  in  every  particular  as  in  the  original  proceedings;  and 
the  assessments  as  established  and  corrected  by  such  supple¬ 
mental  verdict  shall  be  collected  by  the  city  treasurer  in  the  same 
manner  and  under  like  conditions  and  restrictions,  powers  and 
duties  as  in  the  case  of  original  proceedings,  and  remain  and 
be  pledged  for  the  payment  of  park  fund  certificates,  if  any, 
that  have  been  issued,  or  that  may  be  issued  thereon.  * 

Sec.  28.  The  city  shall  not  be  entitled  to  the  possession 
of  any  lot  or  parcel  of  property  taken  under  the  provisions  of 
this  article  until  full  payment  of  the  compensation  therefor,  as 


189 


determined,  be  made  or  paid  into  court  for  the  use  of  the  per¬ 
sons  in  whose  favor  such  judgment  may  have  been  rendered, 
or  who  may  be  lawfully  entitled  to  the  same;  and  upon  such 
payment  as  aforesaid,  such  circuit  court,  or  judge  thereof,  in 
which  proceedings  were  had,  shall  immediately  order,  adjudge 
and  decree  that  the  title  in  fee  to,  and  every  other  interest  in 
the  land  so  condemned  and  taken  for  such  park,  road,  boule¬ 
vard,  avenue  or  public  use  be  divested  out  of  such  owner  and 
other  persons  interested  and  vested  forever  in  the  city,  to  the 
use  of  such  park  district  or  districts;  and  the  court  shall  there¬ 
upon,  without  delay,  put  the  city  in  the  possession  thereof,  and 
it  shall  be  the  duty  of  the  City  Counselor,  within  six  months 
after  the  rendition  of  the  judgment  and  decree  vesting  the  title 
of  such  land  in  said ' city  as  aforesaid,  to  cause  a  duly  certified 
copy  of  said  judgment  or  decree  to  be  filed  and  recorded  in 
the  office  of  the  recorder  of  deeds  for  Jackson  County,  Missouri. 

And  subsequent  legal  proceedings  shall  not  affect  the  title 
or  possession  of  the  city  to  said  property  so  acquired,  but  shall 
only  affect  the  question  of  damages  and  assessments  for  bene¬ 
fits,  and  the  value  to  be  fixed  in  such  subsequent  proceedings, 
if  any,  shall  be  as  of  the  date  of  the  original  proceedings,  and 
no  improvements  of  the  property  made  in  the  meantime  shall 
be  considered.  If  the  title  to  the  property  taken  be  in  contro¬ 
versy,  the  right  to  the  compensation  therefor  shall  be  deter¬ 
mined  in  a  suit  between  the  parties  claiming  the  same,  in  which 
none  of  the  costs  of  litigation  shall  be  borne  by  the  city,  unless 
the  city  is  one  of  the  claimants,  and  during  such  controversy 
such  compensation  shall  remain  in  the  possession  of  the  court; 
but  the  title  and  possession  of  the  city  to  the  property  taken 
shall  not  be  in  any  manner  affected  by  such  controversy. 

Sec.  29.  The  lands  which  may  be  selected  and  obtained 
under  the  provisions  of  this  article  shall  remain  forever  for 
parks,  parkways  and  boulevards  for  the  use  of  all  the  inhabit¬ 
ants  of  said  city. 

Sec.  30.  The  city  shall  pay  all  costs  of  proceedings  under 
this  article  to  take  or  damage  private  property  or  to  levy  assess¬ 
ments  for  benefits  in  payment  of  land  purchased  as  herein  pro¬ 
vided,  except  costs  of  proceedings  for  collecting  overdue  assess¬ 
ments  and  tax  bills,  which  shall  be  taxed  against  the  real  estate 
upon  which  said  assessments  are  levied  or  said  tax  bills  are 
issued,  and  except  the  costs  upon  appeal,  which  shall  be  paid 
by  the  party  unsuccessfully  prosecuting  the  same;  and  the  City 
Counselor  shall,  personally  or  by  any  of  his  assistants,’  and  as 
a  part  of  his  duties  as  such  counselor,  conduct  all  court  pro¬ 
ceedings  under  this  article,  and  shall  be  the  legal  adviser  of 


leo 


said1  board;  provided,  that  the  board  may,  in  any  special  case, 
upon  request  of  the  City  Counselor,  or  when  in  its  judgment  the 
interests  of  the  city  demand,  employ,  temporarily,  special  coun¬ 
sel  to  assist  the  city  counselor. 

If  the  city  fail  to  collect  any  assessments,  in  whole  or  in 
part,  it  may  pay  the  amount  not  so  collected  out  of  the  city 
treasury. 

.Sec.  31.  The  board  of  park  commissioners  shall  have 
power  to  cause  any  road,  parkway,  boulevard  or  avenue,  or 
part  thereof,  which  may  be  underwits  control  and  management, 
to  be '  graded,  re-graded,  paved,  re-paved,  curbed,  re-curbed, 
guttered,  re-guttered,  or  otherwise  improved,  repaired  and 
maintained,  including  the  construction,  repair  and  maintenance 
of  bridges,  viaducts  and  sidewalks,  and  the  sodding  of  sidewalk 
spaces,  and  the  planting  of  trees  and  shrubbery  in  such  man¬ 
ner  and  at  such  times,  and  with  such  material  as  the  said  board 
may  determine,  and  may  pay  for  such  work  or  improvements, 
or  any  part  thereof,  out  of  the  funds  not  otherwise  appropri¬ 
ated,  belonging  to  the  park  district  in  which  said  work  or  im¬ 
provement  is  done  or  made,  or  out  of  the  general  park  fund: 
Provided,  however,  that  if  the  board  of  park  commissioners 
shall,  by  resolution,  determine  that  any  such  work  shall  be  done, 
and  that  the  payment  of  the  whole  or  any  part  thereof  be  made 
in  special  tax  bills,  the  common  council  shall  have  the  power, 
by  ordinance,  to  ratify  and  confirm  the  action  of  said  board, 
and  authorize  such  work  to  be  done,  in  which  case  and  when 
so  ratified  the  board  of  public  works  of  said  city  shall  appor¬ 
tion  or  cause  to  be  apportioned,  the  cost  of  said  work  or  im¬ 
provement,  and  issue  special  tax  bills  therefor,  or  for  any  por¬ 
tion  thereof,  so  ordered  to  be  paid  in  tax  bills,  in  the  same 
manner  and  with  the  same  effect  as  the  cost  of  similar  work 
or  improvements  is  apportioned  and  tax  bills  in  payment  there¬ 
for  issued  in  such  city  for  public  improvements  or  work  upon 
streets  not  under  the  control  or  management  of  such  board 
of  park  commissioners. 

The  contract  for  doing  the  work  of  construction  and  fur¬ 
nishing  material  for  any  such  improvement,  shall  be  let  by 
said  board  of  park  commissioners  to  the  lowest  and  best  bidder 
therefor  in  the  same  manner  and  subject  to  the  same  rules  and 
regulations  as  similar  work  not  under  the  control  of  the  board 
of  park  commissioners  is  let  by  the  board  of  public  works,  and 
all  such  work  shall  be  done  under  the  supervision  and  control 
of  the  board  of  park  commissioners. 

And  no  hearing  shall  be  necessary,  and  no  petition  shall 
be  necessary,  to  authorize  any  improvement  provided  for  in 
this  section,  nor  shall  the  power  of  the  board  of  park  commis- 


191 


sioners,  or  of  the  common  council,  to  authorize  any  improve¬ 
ments  provided  herein,  be  affected  or  restricted  by  any  remon¬ 
strance. 

The  contract  for  any  work  done  under  authority  of  this 
section  and  which  is  to  be  paid  for  in  special  tax  bills,  shall, 
before  it  becomes  binding  and  effective,  be  ratified,  approved 
and  confirmed  by  an  ordinance  of  the  common  council  in  the 
same  manner  as  contracts  for  work  done  under  the  supervision 
of  the  bo&rd  of  public  works  are  required  to  be  ratified,  ap¬ 
proved  and  confirmed ;  and  when  so  ratified,  approved  and  con¬ 
firmed,  any  such  contracts  shall  in  all  respects  be  considered 
and  held  to  have  been  authorized  by  the  city.  The  city  shall 
also  have  power,  by  ordinance,  for  any  good  cause,  to  extend 
the  time  of  the  beginning  or  of  the  completion  of  the  work 
under  any  such  contract  made  in  pursuance  of  this  section,  and 
an  ordinance  of  the  common  council  purporting  to  extend  the 
time  therefor  shall  be  conclusive  evidence  of  the  good  cause  for 
such  extension,  provided  such  extension  of  time  be  recom¬ 
mended  by  resolution  of  the  board  of  park  commissioners;  and 
the  board  of  park  commissioners  may,  by  resolution,  and  with¬ 
out  ratification  by  the  common  council,  grant  extensions  of  time 
on  any  work  done  under  the  supervision  of  said  board,  which 
is  not  to  be  paid  for  by  the  issuance  of  special  tax  bills. 

Before  any  road,  parkway,  boulevard  or  avenue,  or  part 
thereof,  which  may  be  under  the  control  and  management  of 
the  board  of  park  commissioners,  shall  be  graded,  or  re-graded, 
if  the  property  owners  to  be  disturbed  or  damaged  thereby, 
shall  not  have  waived  all  rights  or  claims  to  compensation  for 
damages,  proceedings  shall  be  had  for  the  ascertainment  of  the 
damages  and  benefits  to  arise  from  such  grading  or  re-grading 
of  said  parkway,  boulevard,  road  or  avenue  in  the  manner  pro¬ 
vided  by  sections  two  (2)  and  following  of  Article 
VII  of  this  charter:  And  it  shall  be  the  duty  of  the  Mayor 
and  Common  Council,  upon  the  recommendation  of  the  board 
of  park  commissioners,  to  institute  such  proceedings  and  con¬ 
duct  the  same  to  a  conclusion  without  delay. 

No  petition  or  remonstrance  of  property  owners  shall  af¬ 
fect  the  power  of  the  board  of  park  commissioners  and  the 
common  council  hereinbefore  granted,  to  establish,  change  or 
re-establish  the  grade  of  any  parkway  or  boulevard. 

Sec.  32.  'When  any  work  is  done,  improvement  made  or 
land  purchased,  and  payment  therefor  is  to  be  made  in  special 
tax  bills,  or  in  special  assessments,  as  provided  in  this  article, 
the  city  shall,  in  no  event,  nor  in  any  manner  whatever,  be 
liable  for  or  on  account  of  such  work  done  or  improvement 
made  or  land  purchased,  by  reason  of  the  invalidity  or  error 


192 


in  any  such  tax  bill  or  special  assessment,  nor  liable  in  any  man¬ 
ner  for  the  payment  of  the  same. 

Sec.  33.  The  real  estate,  exclusive  of  improvements  there¬ 
on,  in  each  park  district,  may,  upon  recommendation  of  the 
board  of  park  commissioners,  be  specially  assessed  annually  for 
maintaining,  adorning,  constructing,  repairing  and  otherwise 
improving  the  park  or  parks,  parkway  or  parkways,  road  or 
roads,  boulevard  or  boulevards,  avenue  or  avenues,' or  portions 
thereof,  located  therein,  which  are  under  the  control  and  man¬ 
agement  of  a  board  of  park  commissioners;  and  such  assess¬ 
ments  may  be  made  according  to  valuation  and  assessment  for 
taxation  of  real  estate  in  each  park  district  made  for  city  pur¬ 
poses;  provided,  that  any  real  estate  which  shall  not  be  listed 
on  the  city  assessor’s  books  for  taxation  for  general  city  pur¬ 
poses,  may,  by  order  of  the  common  council,  be  listed  and  valued 
by  the  city  assessor  for  the  purposes  of  this  assessment;  and 
provided,  further,  that  such  annual  assessments  authorized  by 
this  section  shall  never  exceed  in  any  one  year  two  and  one-half 
mills  upon  each  dollar  of  valuation  as  shown  on  the  books  of 
the  city  assessor  as  aforesaid.  Every  such  assessment  shall  be 
made  and  collected  as  provided  by  ordinance  of  the  common 
council,  and  the  common  council  shall  have  power  to  provide 
penalties  for  the  failure  to  pay  such  assessments  when  due,  and 
may  provide  for  the  sale  of  the  property  assessed  to  satisfy  said 
assessments. 

All  sums  derived  from  license  taxes  collected  by  the  city 
for  licenses  upon  all  vehicles  of  every  kind  and  class  licensed 
by  the  city,  shall  be  appropriated  and  used  exclusively  for  main¬ 
taining,  adorning,  constructing  and  repairing,  and  otherwise 
improving  the  park  or  parks,  parkway  or  parkways,  road  or 
roads,  boulevard  or  boulevards,  avenue  or  avenues,  or  portions 
thereof,  which  belong  to  the  city,  and  are  under  the  control  and 
management  of  the  board  of  park  commissioners;  and  it  shall 
be  the  duty  of  the  Comptroller  of  the  city  from  time  to  time  as  „ 
the  said  license  taxes  are  collected  and  paid  into  the  city  treas- 
te  ury  to  apportion  and  credit  the  same  to  the  maintenance  fund 
of  the  various  park  districts,  each  park  district  to  receive  such 
proportion  thereof  as  the  assessed  value  of  the  real  estate  of 
each  park  district,  exclusive  of  improvements  thereon,  bears 
to  the  total  assessed  value  of  the  real  estate,  exclusive  of  im¬ 
provements  thereon,  of  all  the  park  districts  as  shown 
by  the  books  of  the  City  Assessor;  and  the  b"ard  of 
park  commissioners  may  expend  the  same  in  the  same  manner 
as  the  other  funds  raised  by  special  assessments  under  the  pro¬ 
visions  of  this  section  are  expended. 


193 


Sec.  34.  The  Common  Council  shall  also  have  power,  up¬ 
on  recommendation  of  the  board  of  park  commissioners,  and 
for  the  purpose  of  maintaining’,  repairing  and  otherwise  im¬ 
proving  the  boulevards,  parkways,  roads  and  avenues  under  the 
control  and  management  of  said  board,  to  levy,  annually  a  spe¬ 
cial  assessment  on  the  lots,  tracts  and  parcels  of  land  found 
fronting  and  abutting  on  said  boulevards,  parkways,  roads  and 
avenues. 

No  such  annual  assessment  last  aforesaid  shall  exceed  the 
sum  of  ten  cents  per  front  foot  of  such  lots,  tracts  and  parcels 
of  land,  according  to  the  frontage  thereof  on  such  boulevards, 
parkways,  roads  or  avenues.  Every  such  assessment  last  afore¬ 
said  shall  be  made  and  collected  as  provided  by  ordinance  of 
the  Common  Council. 

Sec.  35.  All  other  sums  used  for  improving  any  public 
park  or  parks,  parkway  or  parkways,  road  or  roads,  boulevard 
or  boulevards,  avenue  or  avenues,  or  portions  thereof,  which  are 
under  the  control  and  management  of  the  board  of  park  com¬ 
missioners,  as  well  as  all  sums  required  for  the  general  ex¬ 
penses  of  such  board1  and  for  other  park  purposes,  shall  be  paid 
out  of  moneys  apportioned  and  appropriated  from  the  general 
fund  of  the  city,  except  as  otherwise  herein  provided,  such  sums 
to  be  apportioned,  appropriated  and  expended  in  the  manner 
provided  in  sections  27  and  28  of  Article  IV  of  this  charter. 
But  the  board  of  park  commissioners  shall  have  power  by . 
requisition  upon  the  auditor  for  warrant  upon  the  city  treas-. 
ury,  signed  by  the  president  or  president  pro  tempore,  and. 
countersigned  by  the  secretary,  to  expend  the  moneys  collected 
for  construction  and  maintenance  of  the  parks,  parkways  and 
boulevards  in  each  park  district  and  for  the  use  of  such  dis¬ 
trict  in  pursuance  of  sections  33  and  34  of  this  article;  but  it 
shall  not,  either  directly  or  indirectly,  expend  the  money  of  one 
park  district  for  use  in  any  other  park  district.  The  Comptroller 
shall  make  a  record  of  all  warrants  of  said  board  paid  by  the 
Treasurer, 

Sec.  36.  Said  board  shall  make  an  annual  report  to  the 
Common  Council  of  the  acts  of  said  board  and  all  its  expendi¬ 
tures,  showing  the  condition  of  all  affairs  under  its  control. 
The  common  council  may  require  report  from  said  board  at  any 
time,  and  the  records,  books,  papers  and  accounts  of  the  board 
shall  at  all  times  be  subject  to  inspection  by  the  Mayor,  Comp¬ 
troller,  or  any  committee  appointed  by  either  house  of  the  Com¬ 
mon  Council  for  that  purpose.  Said  board  shall  also  cause  to 
be  published  in  pamphlet  form  at  least  Once  in  four  years,  a 
comprehensive  report  of  the  operations  of  the  department,  for 
public  distribution. 


194 


Sec.  37.  No  roads  nor  streets  shall  be  laid  out  or  con¬ 
structed  through  any  park,  except  said  board  of  park  commis¬ 
sioners  shall  lay  out  and  construct  or  permit  the  laying  out  and 
construction  of  the  same;  and  any  road,  highway,  street  or  alley 
(excepting  railroads)  or  part  thereof,  which  may  pass  through, 
or  into,  or  divide,  or  separate  any  land  now  used  or  condemned, 
or  that  may  hereafter  be  acquired  or  condemned,  for  parks, 
shall,  upon  recommendation  of  the  said  board  of  park  commis¬ 
sioners,  with  the  consent  of  the  Common  Council  of  such  city, 
be  by  said  Common  Council  vacated  and  closed  up  and  made  a 
part  of  such  park.  'And  no  railway  shall  be  built  into,  through 
or  over  any  park,  parkway  or  boulevard  without  the  permission 
of  the  board  of  park  commissioners,  the  said  permission  to  be 
evidenced  by  ordinance  passed  in  pursuance  of  the  recommenda¬ 
tion,  by  resolution,  of  the  board  of  park  commissioners,  and 
to  be  on  such  terms  and  conditions  as  the  board  of  park  com¬ 
missioners  and  the  common  council  may  determine;  nor  shall 
any  telegraph,  telephone  or  electric  light  wires,  or  other  wires, 
or  posts  or  supports  thereof,  be  erected  or  placed  in,  upon, 
through  or  over  any  park  without  the  consent  of  said  board 
of  park  commissioners;  and  said  board  shall  have  full  power 
and  authority  to  designate  the  place  or  places  for  and  manner 
of  erecting,  placing  and  maintaining  the  same,  in  or  upon  any 
park  or  boulevard,  and  may  cause  the  place  and  manner  of 
maintaining  the  same,  whether  heretofore  or  hereafter  erected 
or  placed,  to  be  altered  at  such  times  and  in  such  manner  as  it 
shall  deem  best  for  the  interests  of  the  city,  and  may  require 
such  wires  in  any  park,  parkway  or  boulevard  to  be  put  and 
kept  underground. 

Sec.  38.  Real  or  personal  property,  or  the  income  there¬ 
of,  may  be  granted,  bequeathed,  devised  or  conveyed  to  the 
city  for  the  purpose  of  improvement  or  ornamentation  of  parks, 
parkways  or  boulevards,  or  for  the  establishment  or  mainte¬ 
nance  in  any  park,  or  zoological  or  other  gardens,  observatories, 
monuments  or  works  of  art,  or  other  park  purposes,  upon  such 
trusts  and)  conditions  as  may  be  prescribed  by  the  grantors  or 
devisors  thereof,  and  agreed  to  by  the  Common  Council  and 
board  of  park  commissioners.  All  property  so  devised,  granted, 
bequeathed  or  conveyed,  and  rents,  issues,  profits  and  income 
thereof,  shall  be  subject  to  the  management  and  control  of  said 
board  of  park  commissioners. 

Real  estate  may  also  be  devised  or  conveyed  to  the  city  for 
the  purpose  of  parks,  parkways  or  boulevards,  or  additions  there¬ 
to,  upon  such  conditions,  including  exemption  from  the  pay¬ 
ment  of  benefits  or  assessments  for  such  improvements,  as  may 
be  prescribed  by  the  grantors  or  devisors  thereof :  Provided, 


195 


that  the  location  of  such  real  estate*  be  acceptable,  and  the  con¬ 
ditions  of  the  conveyance  be  agreed  to  by  the  Common  Council 
and  board  of  park  commissioners. 

Sec.  39.  Neither  the  Common  Council  nor  the  board  of 
park  commissioners,  shall  have  authority  to  permit  any  per¬ 
son,  firm  or  corporation,  to  build  or  maintain  any  structure 
within  any  park,  square  or  parkway,  which  may  now  or  here¬ 
after  be  under  the  control  or  management  of  the  board  of  park 
commissioners;  nor  shall  any  structure  be  erected  or  maintained 
within  any  park,  square  or  parkway,  excepting  such  structures 
or  buildings  as.  may  be  erected  by  the  board  of  park  commis¬ 
sioners,  under  its  authority,  in  the  public  parks,  under  their 
jurisdiction,  for  park  uses  or  park  pleasure  purposes,  and  ex¬ 
cepting  also  such  statues,  monuments,  works  of  art,  or  other 
structures  intended  for  ornamentation  only,  as  may  be  erected 
by  authority  of  the  board  of  park  commissioners,  in  the  parks, 
boulevards,  parkways  or  roads  under  the  jurisdiction  and  con¬ 
trol  of  the  said  board. 

Nor  shall  any  part  of  any  park  or  public  ground  under  the 
supervision  or  control  of  said  board  be  leased  to  any  person, 
firm  or  corporation  for  any  purpose,  but  the  board  may  lease 
any  building  or  parts  thereof,  erected  by  it  for  park  purposes, 
to  any  person  undertaking  to  serve  such  purposes,  and  may 
grant  concessions  therein  for  the  sale  of  refreshments  to  the 
public  using  said  park,  and  for  other  park  purposes,  upon  such 
terms  and  under  such  regulations  as  the  board  may  prescribe: 
Provided,  however,  that  the  sale  of  spirituous,  vinous  or  malt 
liquors  or  other  intoxicating  beverages  shall  never  be  permit¬ 
ted  within  any  park,  square  or  public  ground  under  the  control 
and  management  of  said  board.  No  lease  shall  be  for  a  longer 
term  than  three  years.  No  concession  shall  be  granted  for  any 
purpose  not  within  the  objects  for  which  said  parks,  squares  and 
grounds  were  acquired  by  the  city,  and  in  every  such  lease  the 
board  shall  reserve  the  right  to  enter  at  all  times  into  and  upon 
the  premises  so  leased,  and  shall  make  the  condition  that  the 
building  so  leased  shall  be  used  only  for  the  purposes  expressed 
in  such  lease,  and  no  shows  or  exhibitions  of  any  character  or 
kind,  shall  be  allowed  or  given  in  any  park,  square,  or  public 
ground  of  the  city  under  the  control  of  said  board;  but  this 
shall  not  inhibit  such  musical  entertainments,  concerns,  and 
zoological  or  other  exhibits  as  may  be  provided  bv  the  board  of 
park  commissioners  in  any  park,  for  the  use  and  enjoyment  of 
the  public  and  for  strictly  park  purposes. 

All  moneys  derived  from  any  leases  or  concessions  or  from 
the. sale  of  the  products  obtained  from  any  park,  or  of  any  per- 
\  sonal  property  in  use  by,  or  belonging  to,  said  department  of 


196 


parks  and  boulevards,  shall  be  paid  into  the  treasury  of  the 
city,  and  be  credited  to  the  fund  in  control  of  the  board  of  park 
commissioners,  and  be  used  and  expended  by  said  board  for 
park  purposes. 

Nothing  herein  stated  shall  authorize  the  sale  of  any  lands 
or  be  held  to  abrogate  the  conditions  specified  in  the  deed  of 
gift  of  the  land  known  as  “Swope  Park”  heretofore  granted  to 
the  city  by  the  Honorable  Thomas  PI.  Swope,  but  said  deed 
and  acceptance  thereof,  and  all  conditions  contained  therein  are 
hereby  ratified  and  confirmed,  which  conditions,  so  far  as  they 
may  be  in  conflict  with  this  article,  shall  be  considered  as  ex¬ 
ceptions  to  the  provisions  hereof. 

Sec.  40.  For  the  purpose  of  adorning,  beautifying  and 
improving  said  city,  and  to  the  end  that  the  public  good  may 
be  conserved  the  Common  Council  shall  have  power,  upon  the 
recommendation  of  the  board  of  park  commissioners,  to  estab¬ 
lish  and  fix  building  restrictions  on  any  boulevard,  parkway, 
road  or  avenue,  or  any  part  thereof,  under  the  control  and  man¬ 
agement  of  the  board  of  park,  commissioners.  Said1  restrictions 
may  be  to  limit,  confine  or  exclude  and  prohibit  the  carrying 
on  of  any  business  vocation  or  vocations,  or  the  erection  and 
maintenance  of  any  factories,  stores  or  business  houses  on  the 
lots,  tracts  or  parcels  of  land  fronting  or  abutting  on  such  boule¬ 
vard,  parkway,  road  or  avenue,  or  any  part  thereof,  or  within 
fifty  feet  of  the  same,  or  to  establish  a  building  line  on  such 
property  to  which  all  buildings,  fences,  or  other  structures  shall 
conform.  And  said  restrictions  may  be  made  to  apply  to  all 
property  fronting  or  abutting  on  any  boulevard,  parkway,  road 
or  avenue,  or  part  thereof,  along  which  the  same  are  estab¬ 
lished,  or  may  provide  for  excepting  from  such  restrictions  any 
property  or  lot,  piece  or  parcel  of  land:  Provided,  however, 
that  no  restrictions  shall  be  fixed  as  herein  provided  unless  the 
owners  of  a  majority  in  front  feet  of  the  lands  fronting  or 
abutting  on  any  such  boulevard,  parkway,  road  or  avenue,  or 
any  part  thereof,  upon  which  it  is  proposed  to  fix  and  estab¬ 
lish  such  restrictions,  shall  petition  therefor,  stating  clearly  in 
such  petition  the  restrictions  desired.  And  the  board  of  park 
commissioners  shall  in  its  resolution,  and  the  Common  Council 
shall  in  the  ordinance  passed  in  pursuance  of  such  resolution, 
fixing  and  establishing  any  restrictions,  find  and  declare  that 
the  owners  of  a  majority  in  front  feet  of  all  the  lands  fronting 
on  the  boulevard,  parkway,  road  or  avenue,  or  part  thereof,  on 
which  said  restriction  is  to  be  established,  have  petitioned  there¬ 
for,  and1  such  finding  and  declaration  shall  be  conclusive  for 
all  purposes,  unless  the  court  finds  in  the  proceedings  instituted 
for  the  assessment  of  damages  and  benefits  as  hereinafter  set 


197 


forth  that  the  owners  of  a  majority  as  aforesaid  in  front  feet 
did  not  sign  said  petition.  The  owners  of  all  property  signing 
such  petition  shall  be  deemed  to  have  waived  all  claim  for  dam¬ 
ages  resulting  therefrom. 

And  provided,  further,  that  the  board  of  park  commis¬ 
sioners,  in  establishing  any  new  boulevard^  or  parkway  may, 
in  the  resolution  providing  for  establishing  of  the  same,  also 
provide  for  establishing  the  building  line  on  said  boulevard  or 
parkway  without  petition  therefor,  in  which  case,  and  if  the 
same  be  approved  bv  the  Common  Council,  the  benefits  and  dam¬ 
ages  may  be  ascertained  and  assessed  by  the  jury  in  the  con¬ 
demnation  proceedings  for  the  establishment  of  said  boulevard 
or  parkway,  and  the  ordinance  establishing  said  boulevard  shall 
also  prescribe  and  determine  the  limits  within  which  private 
property  is  benefited  by  the  proposed  establishment  of  said  build¬ 
ing  line  restrictions  as  hereinafter  provided;  but  the  jury  shall 
return  a  separate  verdict  of  benefits  and  'damages  arising  from 
the  establishment  of  said  building  line,  and  separate  appeal  may 
be  had  therefrom  by  any  person  aggrieved  by  such  verdict;  and 
an  ordinance  repealing  such  building  line  restrictions  shall  not 
affect  the  validity  of  the  proceedings  establishing  such  park¬ 
ways  or  boulevards. 

When  the  property  owners  to  be  affected,  disturbed  or 
damaged  by  the  fixing  and  establishing  bf  any  building  restric¬ 
tions  as  aforesaid ‘upon  any  boulevard,  parkway,  road,  avenue, 
or  part  thereof,  are  lawfully  entitled  to  remuneration  or  dam¬ 
ages  under  the  constitution  of  the  State  of  Missouri,  and  shall 
not  have  waived  all  right  of  claim  thereto,  the  ordinance  which 
shall  provide  for  the  fixing  or  establishment  of  any  building  re¬ 
strictions  as  aforesaid,  shall  also  prescribe  and  determine  the 
limits  within  which  said  property  is  benefited  by  the  proposed 
establishment  of  said  building  restrictions,  and  proceedings  shall 
be  had  for  the  ascertainment  of  the  damages  and  benefits  to 
arise  from  the  establishment  of  said  building  restrictions  as 
aforesaid,  in  the  manner  provided  by  sections  two  (2)  and  fol¬ 
lowing  of  Article  VII  of  this  charter  for  the  ascertain¬ 
ment  of  benefits  and  damages  in  grading  cases,  and  the  pro¬ 
visions  in  said  Article  VII  relating  to  the  exclusiveness 
of  the  remedy  therein  given  in  grading  cases,  the  powers  of  the 
court  and  jury  in  assessing  benefits  and  damages,  and  the  sub¬ 
mission  of  testimony,  the  .  rights  of  claimants,  the  method  of 
collection  and  payment  of  such  benefits  and  damages,  and  the 
right  of  the  city  to  repeal  the  ordinances,  shall  apply  alike  to 
all  proceedings  for  the  ascertainment  of  benefits  and  damages 
and  the  collection  and  payment  of  the  same,  in  proceedings  for 
the  establishment  of  building  restrictions  as  aforesaid. 


i 


198 


The  provisions  of  this  section  shall  not  affect  or  apply  to 
any  boulevard,  parkway,  road  or  avenue,  under  the  control  and 
management  of  the  board  of  park  commissioners  which  shall 
have  been  established  by  ordinance  of  the  Common  Council  upon 
the  recommendation  of  said  board,  prior  to  the  taking  effect 
of  this  charter,  but  only  to  such  boulevards,  parkways,  roads 
or  avenues  as  may  be  thereafter  established. 

Nothing  in  this  section  shall  affect  the  power  in  this  char¬ 
ter  given  to  the  Common  Council  to  regulate  fire  limits  and  the 
kind  and  quality  of  buildings  to  be  erected  or  maintained  there- 
in.  ’  '  3 

Sec.  41.  The  restrictions  fixed  and  established  by  ordi¬ 
nance  as  herein  provided,  may  be  removed  in  full  or  in  part  by 
an  ordinance  based  upon  the  recommendation  of  the  board  of 
park  commissioners  in  the  same  manner  as  is  required  for  the 
establishment  of  said  building  restrictions,  and  a  like  proceed¬ 
ing  to  ascertain  damages  and  assess  benefits  for  said  removal 
in  full  or  in  part  as  was  had  for  the  establishment  of  said  re¬ 
strictions,  said  proceeding  being  as  far  as  practicable  the  same 
as  that  required  herein  to  establish  said  building  restrictions, 
but  such  proceeding  shall  be  only  as  to  the  area  covered  by  the 
original  proceeding. 

Sec.  42.  The  officer  or  department  of  the  city  charged 
with  the  superintendence  of  buildings  shall  obtain  from  the 
city  engineer,  upon  final  judgment  in  any  proceeding  under  this 
article,  a  map  or  plat  of  the  property  affected  by  said  ordinance 
and  proceedings,  and  shall  file  and  keep  the  same  in  his  office 
in  a  well  bound  book,  and  shall  further  note  on  said  map  or 
plat  the  restrictions  fixed  and  established  by  said  ordinance  and 
proceedings,  and  shall  not,  thenceforth,  issue  any  permit  for 
improvements  or  buildings  in  violation  of  the  restrictions  so 
fixed  and  established,  so  long  as  said  restrictions  remain  in 
force,  provided,  that  should  the  said  restrictions  be  removed  in 
whole  or  in  part,  the  said  officer  or  department  shall  note  said 
removal  or  modification  of  said  building  restrictions  on  said 
map  or  plat  as  the  same  may  occur,  and  thereafter  issue  permits 
in  accordance  therewith. 

Said  Common  Council  shall  also  have  power  to  provide  by 
fine  or  imprisonment,  or  both,  subject  to  the  limitations  in  this 
charter  set  forth,  for  the  punishment  of  any  person  violating 
any  such  building  restrictions  after  the  same  have  been  duly 
established  as  herein  provided. 

Sec.  43.  Whenever  any  street  or  avenue  not  under  the 
control  of  the  board  of  park  commissioners,  and  upon  which 


199 


any  park  land  under  the  control  of  said  board  fronts  or  abuts, 
shall  be  graded,  re-graded,  paved,  re-paved,  curbed,  re-curbed, 
guttered,  re-guttered,  or  otherwise  improved  or  repaired,  or 
when  any  drain  or  sewer  shall  be  built  in  the  sewer  district  in 
which  any  park  land  under  the  control  of  said  board  is  situated, 
and  tax  bills  have  been  issued  against  said  park  land  or  against 
the  city  on  account  of  the  benefit  deemed  to  have  accrued, 
under  the  provisions  of  this  charter,  to  said  park  land,  or  to 
the  city  on  account  of  said  park  land,  by  virtue  of  any  such  im¬ 
provement,  the  board  of  park  commissioners  shall  pay  off  and 
discharge  such  tax  bills,  or  any  judgments  obtained  against  the 
city  on  account  thereof,  out  of  the  funds  under  the  control  of 
said  board  of  park  commissioners  and  not  otherwise  appropri¬ 
ated:  Provided,  however,  that  this  section  shall  not  be  con¬ 
strued  to  authorize  or  require  said  board  of  park  commission¬ 
ers  to  pay  such  tax  bills  or  judgments  out  of  any  funds  belong¬ 
ing  to  the  park  district  in  which  such  work  or  improvement  is 
made,  which  have  been  levied  and  collected  by  special  assess¬ 
ment  under  the  provisions  of  sections  thirty-three  and  thirty- 
four  of  this  article,  or  either  of  them,  for  the  improvement  and 
maintenance  of  the  parks,  parkways,  roads,  boulevards  or  ave¬ 
nues  in  such  park  district  under  the  control  of  said  board.  The 
limitation  last  aforesaid  shall  not  be  extended  so  as  to  affect 
the  right  of  the  board  of  park  commissioners  to  use  such  park 
district  funds  for  the  maintenance  or  improvement  of  any  park, 
parkway,  boulevard,  road  or  avenue  under  the  control  and  man¬ 
agement  of  said  board  of  park  commissioners,  and  located  in 
any  such  park  district. 

Sec.  44.  The  board  of  park  commissioners  is  hereby  au¬ 
thorized  to  take  from  the  hydrants  and  water  pipes  of  the  city, 
under  such  reasonable  rules  and  regulations  as  may  be  pre¬ 
scribed  by  ordinance  or  by  the  water  department,  all  water 
which  may  be  required  for  park  purposes,  including  all  water 
required  for  sprinkling,  cleaning  and  maintaining  boulevards, 
parkways,  roads  or  avenues  under  its  control,  and  no  charges 
or  debits  shall  be  made  or  allowed  on  account  thereof  against 
the  funds  of  any  park  district  or  other  funds  under  the  control 
of  said  board  of  park  commissioners. 

Sec.  45.  In  all  cases  of  the  condemnation  of  private  prop¬ 
erty  under  the  provisions  of  this  article  for  the  opening  or  estab¬ 
lishing,  of  any  parkway,  road,  boulevard  or  avenue  to  be  con¬ 
trolled  by  the  board  of  park  commissioners,  the  common  coun¬ 
cil,  upon  the  recommendation  of  the  board  of  park  commis¬ 
sioners,  is  hereby  authorized  by  the  same  ordinance,  or  by  sep¬ 
arate  ordinance,  to  establish  the  grade  of  that  portion  of  said 


200 


boulevard,  parkway,  road  or  avenue  proposed  to  be  condemned 
and  opened  or  established,  and  to  provide  for  the  grading  of 
the  same.  In  such  case,  the  notice  required  to  be  given  as  in 
this  article  provided  for  the  condemnation  of  private  property 
shall  state  that  benefits  and  damages,  if  any,  arising  from  the 
grading  of  said  boulevard,  parkway,  road  or  avenue  to  the  es¬ 
tablished  grade,  shall  be  assessed  by  the  jury  in  said  condemna¬ 
tion  proceeding. 

In  such  case,  if  the  owner  of  any  tract  or  parcel  of  land 
shall  not  file  with  the  said  clerk  a  claim  for  damages,  on  account 
of  the  proposed  grading  ofi  said  boulevard,  parkway,  road  or 
avenue,  he  shall  be  deemed  to  have  waived  the  same.  Such 
claim  shall  be  filed  on  or  prior  to  the  day  when  the  jury  is  em¬ 
paneled  to  assess  the  damages.  The  jury  shall  find  the  amount 
of  damages,  if  any,  in  such  case,  to  any  tract  or  parcel  of  pri¬ 
vate  property  for  which  damages  are  claimed  on  account  of 
said  proposed  grading  in  the  manner  provided  in  Article 
VII  of  this  charter,  and  in  assessing  the  benefits,  shall  con¬ 
sider  the  benefits  caused  by  the  opening  of  said  boulevard,  park¬ 
way,  road  or  avenue  in  the  manner  provided  in  this  article  for 
the  assessing  of  benefits  in  taking  and  damaging  of  private 
property;  and  the  benefits  arising  from  the  grading  of  the  boule¬ 
vard,  parkway,  road  or  avenue,  to  the  proposed  grade,  as  speci¬ 
fied  in  said  ordinance,  shall  be  assessed  in  the  manner  pro¬ 
vided  in  Article  VII  of  this  charter. 

Sec.  46.  Whenever  the  Common  Council,  upon  the  recom¬ 
mendation  of  the  board  of  park  commissioners,  shall  provide 
for  the  condemnation  of  any  private  property  within  the  city 
for  any  of  the  purposes  specified  in  this  article,  and  shall  not 
determine  or  provide  to  pay  any  part  of  the  cost  of  the  same 
by  assessment  of  special  benefits,  it  shall  not  in  said  ordinance 
provide  for  the  establishment  of  any  benefit  district,  and  no 
benefits  shall  be  assessed;  and  in  such  case,  proceedings  for  the 
ascertainment  of  the  damages  or  just  compensation  to  be  al¬ 
lowed  for  the  land  or. rights  or  other  property  to  be  taken,  shall 
be  begun  and  conducted  in  the  same  manner  as  hereinbefore 
provided  in  this  article,  so  far  as  the  same  may  be  applicable, 
and  such  damages  or  just  compensation  shall  be  ascertained  by 
a  jury  of  six  disinterested  freeholders  as  aforesaid. 

Sec.  47.  When  any  ordinance  of  the  Common  Council 
shall  be  passed  upon  the  recommendation  of  the  board  of  park 
commissioners,  as  herein  provided,  it  shall  not  be  neces¬ 
sary  for  said  ordinance  to  recite  at  length  the  resolution  of  the 
board  of  park  commissioners  recommending  the  same;  but  it 
shall  be  sufficient  to  recite  the  fact  of  such  recommendation  bv 


201 


said  board;  and  if  the  Common  Council  shall  find  and  recite  in 
such  ordinance  that  said  action  of  the  Common  Council  has  been 
recommended  by  the  board  of  park  commissioners,  no  special 
tax  bill  or  park  fund  certificate  that  may  be  issued,  nor  spe¬ 
cial  assessments  that  may  be  made  for  work  done  or  property 
purchased,  taken  or  damaged,  shall  be  held  invalid  or  affected 
after  the  issuance  of  such  special  tax  bill  or  park  fund  certifi¬ 
cate,  or  after  judgment  of  confirmation  of  such  special  assess¬ 
ment  by  the  circuit  court  or  appellate  court  on  appeal,  on  the 
ground  that  such  recommendation  of  the  board  of  park  com¬ 
missioners  was  not  properly  made. 

Sec.  48.  Nothing  in  this  article  contained  shall  be  deemed 
to  impair  or  invalidate  any  of  the  actions  or  proceedings  of  the 
board  of  park  commissioners  of  this  city  prior  to  the  adoption 
of  this  article,  and  in  all  pending  matters,  where  the  provisions 
of  this  article  can  so  apply  without  injury  to  the  interests  of 
said  city,  the  same  shall  apply  as  to  unfinished  proceedings  and 
unexpended  moneys  collected  or  appropriated  for  park  and 

boulevard  purposes. 

0  . 


f 


ARTICLE  XIV. 


Hospital  and  Health  Department. 

Section  1.  There  is  hereby  established  within  the  city 
a  department  to  be  known  as  the  Hospital  and  Health  Depart¬ 
ment,  which  shall  have  the  power  and  it  shall  be  its  duty : 

(a)  To  enforce  the  laws  of  the  State  of  Missouri,  ordi¬ 
nances  of  Kansas  City,  Missouri,  and  the  provisions  of  this 
charter  relating  to  public  health;  and  to  make  such  rules  and 
regulations,  not  inconsistent  with  other  provisions  of  this  char¬ 
ter,  as  will  tend  to  preserve  and  promote  the  public  health— ■ 

(b)  To  have  the  care,  management  and  control  of  all 
buildings  and  property  heretofore  and  now  used  and  known 
as  city  hospitals  and  all  lands  and  premises  used  in  connec¬ 
tion  therewith,  and,  also,  of  all  property  and  institutions  now, 
or  hereafter,  owned  or  controlled  by  the  city  for  the  care  and 
treatment  of  sick  and  injured  persons;  for  the  support,  main¬ 
tenance  and  confinement  of  insane  persons,  and  for  maintenance 
and  support  of  poor  persons;  and  to  locate,  establish  and  main¬ 
tain  quarantine  hospitals  and  stations  within,  or  outside  cf, 
the  corporate  limits  of  the  city,  and  to  have  the  custody  of  all 
persons  confined  in  any  such  institutions; 

(c)  To  recommend  to  the  common  council  the  passage 
of  such  ordinances  as  said  department  may  deem  necessary  for 
the  preservation  of  the  public  health  and  care  of  sick  or  injured. 

(d)  From  time  to  time,  and  as  often  as  the  bpard  may 
deem  advisable,  to  direct  inspection  of  every  part  of  the  city  and 
its  environs,  with  a  view  to  the  maintenance  of  its  sanitary  con- 
lic  building  or  premises,  and,  also,  after  such  reasonable  notice 
dition,  and  for  such  purposes  to  enter,  in  the  day  time,  any'pub- 
to  the  owner  or  occupants,  as  the  board  may  prescribe,  any  pri¬ 
vate  building  or  premises,  within  the  city ;  and  shall  have  charge 
of  the  inspection  of  dairies,  milk,  meat  and  all  food  stuffs,  and 
all  water  supplies  for  drinking  purposes;  and  enforce  all  pure 
food  laws; 

(e)  To  investigate  the  nature  of  all  contagious  or  infec¬ 
tious  diseases,  and  to  take  measures  to  prevent  their  develop¬ 
ment  and  continuance;  and,  if  necessary  to  the  public  health  and 
safety,  to  order  the  destruction  of  animals  that  are  suffering  from 
any  contagious  or  infectious  disease  and  of  the  buildings  within 
which  they  have  been  sick  of  such  disease; 

(f) (  To  abate,  or  order  to  be  abated,  all  nuisances  found 


203 


in  or  upon,  the  streets,  alleys,  lots,  buildings  or  premises  within 
the  city; 

(g)  To  regulate  the  sanitary  condition  of  all  morgues, 
cemeteries,  crematories,  vaults  and  burial  places  within  the  limits 
of  the  city,  and  the  disposition  of  dead  bodies  of  persons  and 
animals; 

(h)  To  provide  for  registration  of  births,  deaths  and 
marriages  occurring  within  the  city; 

(i)  To  make  contracts,  not  inconsistent  with  other  pro¬ 
visions  of  this  charter,  and  for  periods  of  time  not  exceeding 
ten  years  each,  for  the  removal  and  disposal  of  garbage,  offal 
and  other  offensive  materials  accumulated  or  deposited  within 
the  city  limits. 

Sec.  2.  Said  department  shall  be  under  the  management 
and  control  of  a  hospital  and  health  board,  whose  term  of  office 
shall  be  for  a  period  of  three  years;  provided,  that  the  mem¬ 
bers  of  the  board  first  appointed  hereunder  shall,  as  soon  as 
practicable,  so  classify  themselves  by  lot  that  the  term  of  one  of 
such  members  shall  expire  at  the  end  of  one  year,  one  at  the 
end  of  two  years,  and  one  at  the  end  of  three  years,  from  the 
third  Monday  in  April,  1908.  At  the  expiration  of  the  term  of 
a  member,  a  successor  shall  be  appointed  for  a  term  of  three  years 
from  the  date  of  the  expiration  of  the  term  of  his  predecessor. 
No  member  of  the  board  shall  be  a  practicing  physician  or  sur¬ 
geon.  The  members  of  said  board  shall  serve  without  compen¬ 
sation,  and  shall  be  selected  with  reference  to  special  fitness  for 
the  position. 

Sec.  3.  Said  board  shall,  within  ten  days  after  its  appoint¬ 
ment,  organize  by  the  election  of  one  of  its  members  as  presi¬ 
dent.  The  board  shall  thereafter  annually,  at  a  regular  meet¬ 
ing  to  be  held  within  thirty  days  after  the  third  Monday  in  April 
of  each  year,  choose  a  president,  to  serve  for  the  term  of  one 
year  and  until  his  successor  be  chosen  and  qualified.  It  shall 
also  appoint  a  secretary,  who  shall  not  be  a  member  of  the  board, 
and  who  shall  serve  at  the  pleasure  of  the  board.  The  secretary 
shall  keep  a  full  and  complete  record  of  the  official  proceedings 
of  the  board,  and  discharge  such  other  duties  as  may  be  required 
of  him,  from  time  to  time,  by  the  board,  or  by  ordinances  not 
inconsistent  with  this  charter. 

i 

Sec.  4.  Said  board  shall  establish  rules  and  regulations 
for  the  admission  of  sick  or  injured  or  insane  citizens,  and  of  any 
person  who  may  be  taken  sick,  or  be  injured,  or  become  insane, 
while  in  the  streets,  or  public  places,  or  while  stopping  tempor- 


204 


arily  within  the  city,  to  the  hospitals  and  institutions,  and  for 
the  treatment  of  such  persons  elsewhere,  and  for  admission  of 
indigent  citizens  to  such  institutions  as  the  city  may  provide  for 
their  use,  and  for  the  administration  and  government  of  the 
department,  and  shall  provide  for  the  necessary  ambulance  ser¬ 
vice  and  city  dispensaries. 

Sec.  5.  Said  board  shall  have  the  power  to  appoint  a  vis¬ 
iting  and  consulting  staff  of  physicians  and  surgeons,  who  shall 
serve  at  the  pleasure  of  the  board,  without  compensation;  and 
shall  appoint  a  superintendent  of  the  hospital,  who  shall  be  a 
licensed  physician  and  shall  have  practiced  for  three  years  in 
Kansas  City;  and  shall  appoint,  subject  to  the  civil  service  laws, 
rules  and  regulations  contained  in,  and  provided  for,  in  this  char¬ 
ter,  a  health  commissioner ;  and  shall  have  power  to  appoint  such 
superintendents,  health  officers,  medical  officials,  food  and  other 
inspectors,  assistants  and  subordinates,  as  may  be  necessary  for 
the  efficient  management  and  conduct  of  said  hospital  and  health 
department,  subject  to  the  provisions  of  this  charter, 

Sec.  6.  The  health  commissioner  shall  be  a  registered 
physician,  and  shall  have  resided  within  this  city  for  at  least 
three  years  prior  to  the  date  of  his  appointment.  He  shall  be 
the  executive  officer  of  the  board,  and  shall  have  the  power,  and 
it  shall  be  his  duty,  under  the  supervision  of  the  board,  to  exer¬ 
cise  all  powers  and  perform  all  duties  conferred  upon  him  by 
the  board,  as  provided  in  this  article,  and  to  perform  such  other 
duties  as  may  be  required  of  him,  from  time  to  time,  by  the 
board  or  by  ordinance. 

Sec.  7.  Members  of  the  board,  health  commissioner  and 
such  subordinates  as  may  be  thereunto  authorized  by  resolution 
of  the  board,  recorded  in  the  records  of  its  proceedings,  shall  be 
conservators  of  the  peace  and  shall  have  the  same  powers  as 
policemen  to  make  arrests  for  any  violation  of  laws  or,  ordi¬ 
nances  relating  to  public  health,  and  of  any  lawful  rule  or  regu¬ 
lation  of  the  board. 

Sec.  8.  In  order  to  effect  the  abatement  of  nuisances,  or 
removal  of  any  accumulated  substances  injurious  to  health,  the 
board  shall  have  power,  whenever  in  its  opinion  such  nuisance 
or  injurious  substance  exists,  by  resolution  recorded  in  the  rec¬ 
ords  of  its  proceedings,  to  order  the  same  abated  or  removed, 
and,  thereafter,  to  notify  the  owner,  or  owners,  of  the  premises 
on  which  the  same  exists,  or  his  or  their  agents,  to  abate  or 
remove  the  same,  as  the  case  may  be.  Such  notice  shall  be 


205 


✓ 


served  upon  the  owner,  or  agent  having  charge  of  the  premises, 
if  such  owner  or  agent  can  be  found  in  the  city,  or  by  any  per¬ 
son  authorized  by  resolution  of  the  board  to  serve  the  same,  or 
by  any  police  officer  of  the  city,  in  the  same  manner  as  writs 
of  summons  are  required  to  be  served  in  civil  cases.  If  such  ser¬ 
vice  cannot  be  made  for  the  reason  that  the  owner,  or  such  agent 
cannot  be  found  in  the  city,  of  which  fact  the  return  endorsed 
upon  such  notice  of  the  person  serving  the  same  shall  be  con¬ 
clusive  evidence,  then  the  board  shall  cause  such  notice  to  be 
published  in  the  newspaper  doing  the  city  printing,  for  two  con¬ 
secutive  days.  Notice  served  in  any  manner  herein  prescribed 
shall  be  held  by  all  courts  to  be  sufficient  service  upon  the  owner. 
If  the  owner,  or  agent,  who  shall  have  been  so  served  with  notice, 
shall  fail,  within  the  time  indicated  in  such  notice,  which  time 
shall  be  fixed  by  said  board,  to  comply  with  such  order,  or  to 
show  cause  to  such  health  commissioner  why  he  cannot,  or  ought 
not  to,  comply  with  such  order,  for  which  purpose  he  shall  have 
the  right  to  be  heard,  within  the  said  time,  before  the  said  board, 
if  he  so  requests,  such  owner,  or  agent,  as  the  case  may  be,  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction  before 
the  municipal  court  of  the  city,  shall  be  fined  not  exceeding  five 
hundred  dollars;  and  the  board  may  order  such  nuisance,  or 
injurious  substance,  abated  or  removed,  and  the  cost  of  such 
abatement  or  removal,  when  fully  completed,  shall  be  ascertained 
under  the  direction  of  the  board  of  public  works,  and  the  board 
of  public  works  shall  cause  the  same  to  be  collected  in  the  same 
manner  as  provided  by  section  fifteen  of  article  eight  of  this 
charter.  The  city  may  also  collect  such  special  tax  by  suit,  by 
foreclosing  the  lien  thereof  before  the  municipal  court  or  other 
court  of  competent  jurisdiction.  In  such  suit  it  shall  only  be 
necessary  for  the  plaintiff  to  allege  the  execution  and  delivery 
of  such  certificate  to  the  City  Treasurer  and  the  amount  and  non¬ 
payment  of  the  special  tax  sued  for,  together  with  the  descrip¬ 
tion  of  the  particular  tract  of  land  charged  therewith.  The  full 
amount  of  such  special  tax,  whenever  collected,  shall  be  paid 
into  the  city  teasury;  provided  the  city  may,  at  its  option,  waive 
the  lien  of  such  special  tax  bill  and  enforce  payment  of  the 
amount  of  such  certificate  by  suit  in  any  court  of  competent  jur¬ 
isdiction  as  a  debt  due  from  such  owner  or  agent  to  the  city.  In 
such  suit  the  city  may  have  judgment,  also,  for  costs. 

Sec.  9.  Whenever  it  shall  come  to  the  knowledge  of  the 
Mayor  that  any  malignant,  infectious  or  contagious  disease  or 
epidemic  is  prevalent  in  the  city,  or  will  probably  become  so.  or 
in  case  a  public  calamity  arise  by  reason  of  flood,  tornado, 
fire,  or  other  disasters,  he  may  make  proclamation  of  such  fact 
to  the  inhabitants;  and  after  such  proclamation  the  board  shall 


206 


have  the  power  to  take  all  steps  and  use  all  measures  necessary 
to  avoid,  suppress  or  mitigate  such  disease  and  relieve  distress 
caused  by  flood,  tornado,  fire,  or  other  disasters,  without  the 
intervention  of  the  council,  in  the  same  manner  and  as  effect¬ 
ually  as  the  council  could  itself  do  by  ordinance,  and  may  employ 
such  officers,  agents,  servants  and  assistants,  establish  tempor¬ 
ary  hospitals,  provide  necessary  furniture,  medical  attendance, 
nurses,  food,  clothing,  shelter  and  relief,  as  in  the  opinion  of  the 
said  board  may  be  necessary  and  advisable;  provided  the  amount 
expended  shall  not  exceed  any  appropriation  made  for  the  depart¬ 
ment. 

The  board  shall  have  and  exercise  said  power  until  it  shall 
declare,  or  until  the  Mayor  shall  proclaim,  that  the  epidemic, 
disease  or  calamity,  in  view  of  which  the  poclamation  was  made, 
is  no  longer  imminent  or  prevalent,  whereupon  the  said  power 
shall  cease. 

Sec.  10.  The  board  shall  keep  accurate  and  detailed  ac¬ 
counts  in  a  form  approved  by  the  City  Comptroller,  of  all  monies 
received  and  expended  by  it,  the  source  from  which  received  and 
\  the  purpose  for  which  expended.  It  shall,  at  the  end  of  each 
fiscal  year,  transmit  to  the  City  Comptroller  a  report  of  the  acts 
of  the  board  and  condition  of  the  business  and  property  of  the 
department,  showing  all  receipts  and  expenditures  of  money, 
since  its  last  preceding  annual  report ;  and  shall  cause  said  report 
to  be  printed  in  sufficient  numbers  for  public  distribution.  The 
Mayor,  or  common  council,  may  require  a  report  from  said 
board  at  any  time. 

Sec.  11.  It  shall  be  the  duty  of  the  police  department  of 
the  city  to  co-operate  with  the  hospital  and  health  department, 
and  at  all  times,  at  the  request  of  the  hospital  and  health  board, 
to  render  such  aid  and  assistance  as  said  department  may  need. 
It  shall  be  the  duty  of  all  policemen  to  report  to  the  health  com¬ 
missioner,  through  the  chief  of  police,  the  existence  of  any  nui¬ 
sance,  or  unsanitary  condition,  at  any  place  within  the  city. 


/ 


ARTICLE  XV. 


Civil  Service. 

Section  1.  At  the  beginning  of  the  fiscal  year  of  1910, 
the  Mayor  shall  appoint  three  persons  known  to  be  devoted  to 
the  improvement  of  civil  service,  based  on  merit,  who  shall  con¬ 
stitute  a  board  of  civil  service,  who  are  hereby  named  civil  ser¬ 
vice  commissioners.  One  to  serve  to  the  end  of  the  fiscal  year 
of  1911,  one  to  serve  for  the  term  ending  with  the  expiration 
of  the  fiscal  year  of  1912,  and  one  to  serve  for  the  term  ending 
with  the  expiration  of  the  fiscal  year  of  1913.  And,  whenever 
and  as  often  as  the  term  of  office  of  any  commissioner  shall 
expire,  the  then  Mayor  shall  appoint  a  person  known  to  be 
devoted  to  the  improvement  of  the  civil  service,  based  on  merit, 
to  serve  as  such  commissioner  for  three  years. 

The  members  of  said  board  shall  serve  without  compensa¬ 
tion. 

Sec.  2.  It  shall  be  the  duty  of  said  board  to  organize  im¬ 
mediately  after  their  appointment  by  the  election  of  one  com¬ 
missioner  as  president  and  by  the  appointment  of  a  chief  exam¬ 
iner;  and  they  shall  prescribe  and  enforce  rules  for  the  classifi¬ 
cation  of  the  offices  and  employments  in  the  classified  service  of 
the  city  and  for  appointments  and  promotions  therein,  and  exam¬ 
inations  therefor,  and  for  the  registration  and  selection  of  labor¬ 
ers  for  employment  therein,  not  inconsistent  with  the  provisions 
of  this  charter,  and  may  amend  or  repeal  the  said  rules  from  time 
to  time.  All  rules  and  amendments  thereto  shall  be  published, 
and  together  with  all  proceedings  and  papers  connected  with  said 
civil  service  system  shall,  at  all  times,  be  subject  to  the  inspec¬ 
tion  of  the  Mayor  and  City  Comptroller.  Subject  to  the  provis¬ 
ions  Of  this  charter  and  of  said  rules,  the  civil  service  board  shall 
make  regulations  for  and  have  control  of  examinations  and  reg¬ 
istration  for  the  service  of  the  city,  and  shall  supervise  and  pre- 
*  serve  the  records  of  the  same.  The  board  shall  annually  elect 
one  of  its  members  as  president  for  the  term  of  one  year. 

Sec.  3.  The  civil  service  of  the  city  shall  be  divided  into 
the  exempt  service  and  the  classified  service. 

Sec.  4.  The  exempt  service  shall  comprise: 

First:  All  officers  elected  by  the  people; 


208 


Second :  Sergeant  at  arms  of  the  Common  Council,  or 
either  house  thereof,  the  Mayor’s  secretary  and  the  Mayor’s 
stenographer; 

Third :  The  city  Auditor,  the  city  Counselor,  one  assistant 
the  city  clerk,  the  city  assessor  and  one  deputy,  two  deputies  of 
the  city  Comptroller,  three  deputies  of  the  city  Treasurer,  the 
members  of  the  board  of  public  works,  the  secretary  of  the  board 
of  public  works,  the  purchasing  agent,  the  members  of  the  board 
of  park  commissioners,  the  landscape  architect  of  the  board  of 
park  commissioners,  the  secretary  of  the  board  of  park  commis¬ 
sioners,  the  members  of  the  board  of  hospital  and  health,  the 
health  commissioners,  the  secretary  of  the  board  of  hospital  and 
health,  the  superintendent  of  the  hospitals,  and  all  visiting  and 
consulting  physicians  and  surgeons,  the  members  of  the  board 
of  fire  and  water  commissioners,  the  fire  chief,  the  secretary  of 
the  board  of  fire  and  water  commissioners,  the  members  of  the 
civil  service  board,  the  chief  examiner  of  the  civil  service  board, 
the  members  and  officers  of  any  public  utilities  commission  that 
may  be  appointed  from  time  to  time.  Members  of  the  board  of 
pardons  and  parole  and  court  sergeant. 

Sec.  5.  The  classified  service  shall  comprise  all  officers 
and  positions  in  the  city  service  not  specifically  designated  in  the 
exempt  service,  and  shall  be  arranged  in  two  classes  to  be  desig¬ 
nated  respectively  as  the  competitive  class  and  labor  class. 

Sec.  6.  The  competitive  class  shall  include  all  positions 
now  existing  or  hereafter  created  of  whatever  function,  desig¬ 
nation  or  compensation  in  each  and  every  branch  of  the  civil  \ 
service  of  the  city,  except  such  positions  as  are  in  the  exempt 
service  or  in  the  labor  class. 

Sec.  7.  Positions  in  the  competitive  class  may  be  filled 
without  competitive  examinations  as  follows: 

First :  Whenever  there  are,  in  the  opinion  of  the  commis¬ 
sioners,  urgent  reasons  for  filling  a  vacancy  in  any  position  in 
the  competitive  class,  and  there  is  no  list  of  persons  eligible  for 
appointment  who  have  successfully  passed  the  competitive  exam¬ 
ination,  the  appointing  officer  may  nominate  a  person  to  the  civil 
service  commission  for  non-competitive  examination,  and  such 
nominee  shall  be  certified  by  said  commission  as  qualified  after 
such  non-competitive  examination;  but  the  commission  shall 
forthwith  hold  a  competitive  examination  covering  such  posi¬ 
tion,  and  such  provisional  appointment  shall  not  continue  for  a 
longer  period  than  sixty  days,  nor  shall  successive  temporary 
appointments  be  made  to  the  same  position  under  this  subdi¬ 
vision. 


209 


Second :  In  case  of  a  vacancy  in  a  position  in  the  com¬ 
petitive  class  where  peculiar  and  exceptional  qualifications  of  a 
scientific,  professional  or  educational  character  are  required,  and 
Upon  satisfactory  evidence  that  for  specified  reasons  competition 
in  special  cases  is  impracticable,  and  that  the  position  can  be 
best  filled  by^the  selection  of  some  designated  pefson  of  high 
and  recognized  attainments  in  such  qualities,  the  commission 
may,  by  unanimous  vote  of  all  three  commissioners,  spread  upon 
the  records  at  the  time  such  suspension  is  made,  suspend  the  pro¬ 
visions  of  the  rules  requiring  competition  in  such  case,  but.  no 
such  suspension  shall  be  general  in  its  application  to  such  posi¬ 
tion,  and  all  such  cases  of  suspension  shall  be  reported  in  the 
annual  reports  of  such  commission,  with  the  reasons  for  the 
same. 

Sec.  8.  The  labor  class  shall  include  unskilled  laborers 
and  such  skilled  laborers  as  may  be  so  classified  by  the  rules 
and  regulations  of  the  commission.  Vacancies  in  the  labor  class 
shall  be  filled  by  appointment  from  lists  of  applicants  registered 
by  the  civil  service  commission.  There  may,  in  the  discretion 
of  the  commission,  be  separate  lists  of  applicants  for  different 
kinds  of  labor  or  employment,  and  the  commission  may  estab¬ 
lish  separate  labor  lists  for  various  institutions  and  departments. 
Where  the  labor  service  of  any  department  or  institution  is  con¬ 
fined  to  separate  districts  or  localities,  the  commissioners  may 
provide  separate '  registration  lists  for  each  district  or  locality. 
The  commissioners  shall  require  an  applicant  for  regstration  in 
the  labor  class  to  furnish  such  evidence,  or  pass  such  examina¬ 
tion  as  they  may  deem  proper  with  respect  to  age,  residence, 
physical  condition,  ability  to  labor,  skill,  capacity  and  experience 
in  the  trade  or  employment  for  which  he  applies.  Where  no 
examination  is  required,  laborers  shall  be  placed  on  the  eligible 
list  and  be  appointed  therefrom  in  the  order  of  the  priority  of 
their  applications.  Restrictions  as  to  citizenship  specified  in  this 
article  need  not  be  applied  to  the  labor  class. 

Sec.  9.  All  appointments,  promotions  and  changes  of  status 
of  persons  in  the  public  service  of  the  city  shall  be  made  in  the 
manner  prescribed  by  this  article,  unless  otherwise  provided  in 
this  charter.  The  said  commission  shall  keep  minutes  of  its  own 
proceedings  and  records  of  its  examinations  and  other  official 
acts.  It  shall  be  the  duty  of  the  civil  service  commissioners  to 
supervise  the  execution  of  this  law  and  the  regulations  there¬ 
under  and  see  that  the  same  are  enforced,  and  they  shall  be 
responsible  for  the  correction  of  all  abuses  and  irregularities 
growing  out  of  the  administration  of  said  law  and  regulations 
thereunder.  They  may  make  such  investigations  as  they  deem 


210 


necessary  and  report  to  the  Mayor  from  time  to  time  upon  all 
matters  touching  the  enforcement  and  effect  of  the  provisions 
of  this  article;  and  in  the  course  of  such  investigations,  each 
commissioner  and  the  chief  examiner  shall  have  power  to  admin¬ 
ister  oaths;  they  shall  have  the  power  to  subpoena  and  require 
the  attendance  of  witnesses  and  the  production  of  books,  papers 
and  records  pertinent  to  the  investigations  and  inquiries  hereby 
authorized,  and  to  examine  them;  and  of  such  public  records  as 
they  shall  require  in  relation  to  any  matter  which  they  are 
required  to  investigate,  and  for  the  purpose  of  such  examination, 
the  board  may,  if  it  deems  fit,  invoke  the  power  of  any  court 
of  record  in  the  county  to  compel  the  attendance  and  testify¬ 
ing  of  witnesses,  and  the  production  thereby  of  books,  papers 
and  records  as  aforesaid.  They  shall  make  an  annual  report  to 
the  Mayor  and  common  council  on  or  before  the  fifteenth  day  of 
January  of  each  year,  showing  their  own  actions,  the  rules  and 
regulations  and  exceptions  thereto  in  full,  and  the  practical  effect 
thereof,  and  any  suggestions  they  may  approve  for  the  more 
effectual  accomplishment  of  the  purposes  of  this  article.  The 
Mayor  may  also  require  a  report  from  the  board  at  any  other 
time.  The  board  shall  meet  as  often  as  the  needs  of  the  public 
service  may  require,  and  shall  hold  stated  regular  meetings  at 
least  once  a  week  on  such  day  as  may  be  fixed  by  its  rules.  Two 
members  of  the  board  shall  constitute  a  quorum. 

Sec.  10.  From  and  after  the  taking  effect  of  this  article 
and  the  adoption  of  the  rules  herein  provided  for,  all  appoint¬ 
ments  to  positions  and  employments  in  the  several  departments 
of  the  city  service  shall,  unless  in  this  charter  otherwise  pro¬ 
vided,  be  made  by  the  respective  heads  of  such  departments  under 
arid  in  conformity  with  the  provisions  of  such  rules,  and  such 
heads  of  departments  shall  respectively  have  power  to  remove 
or  discharge  any  person  holding  any  office,  position,  or  em¬ 
ployment  in  their  respective  departments  whenever,  in  their 
opinion,  the  good  of  the  public  service  requires  the  exercise  of 
such  power.  It  shall  be  the  duty  of  a  discharging  officer,  upon 
request  of  a  discharged  person,  at  any  time  after  discharge,  to 
give  such  person  a  correct  statement  in  writing  of  the  reasons 
for  his  discharge.  No  person  in  the  city’s  service  shall  be  re¬ 
moved,  reduced  in  grade  or  salary,  or  transferred  because  of 
political  or  religious  beliefs  or  opinions  of  such  persons;  nor 
shall  any  person  in  the  competitive  class  of  the  city  service  be 
removed,  reduced  in  grade  or  salary  or  transferred  without  first 
having  received  a  written  statement  setting  forth  in  detail  the 
reasons  therefor;  and1  at  the  option  of  the  person  who  shall  have 
been  removed,  reduced,  or  transferred,  a  copy  of  such  statement 
shall  be  filed  in  the  office  of  the  Civil  Service  Commissioners, 


211 


together  with  reply,  if  any  made  thereto,  by  the  person  removed, 
and  the  whole  shall  be  filed  and  preserved  in  the  office  of  said 
Commissioners  and  be  open  to  public  inspection.  In  case  of  dis¬ 
charge  of  any  person  owing  to’the  reduction  of  force,  the  dis¬ 
charged  person  shall  receive  a  certificate  so  stating,  and  shall 
be  placed  on  the  eligible  list  with  the  same  rank  he  had1  already 
attained,  and  shall  have  a  preference  over  those  on  the  eligible 
list,  and  those  who  have  served  the  longest  before  being  so  dis¬ 
charged  shall  be  first  restored. 

Whenever  said  Commissioners  shall  have  reason  to  believe 
that  any  officer,  board,  head  of  department  or  person  having 
power  to  discharge  has  abused  such  power  by  making  dismis¬ 
sals  or  discharges  for  political  or  other  reasons  than  solely  for 
the  good  of  the  public  service,  it  shall  be  their  duty  to  make  such 
investigation  in  the  premises  as  they  may  deem  advisable  and  if 
they  shall  find  that  any  such  violation  of  the  provisions  of  the 
intent  and  spirit  of  this  article  has  occurred,  they  shall  make 
report  thereof  to  the  Mayor  and  the  officer  or  tribunal  having 
power  under  this  charter  to  remove  such  officer,  board,  head  of 
department,  or  persons,  and  such  report  shall  be  sufficient  cause 
for  removal  of  such  guilty  officer,  board,  head  of  department,  or 
person. 

Sec.  11.  All  applicants  for  offices  or  positions  in  the  class¬ 
ified  service,  subject  to  the  exceptions  expressly  made  in  this 
charter,  shall  be  subjected  to  examination,  which  shall  be  public, 
competitive  and  free  to  all  citizens  of  the  United  States,  with 
specified  limitations  as  to  residence,  age,  health,  habits  and  moral 
character.  Such  examinations  shall  be  practical  in  their  char¬ 
acter,  and  shall  relate  to  those  matters  which  will  fairly  test  the 
relative  capacity  of  the  person  examined  to  discharge  the  duties 
of  the  positions  to  which  they  seek  to  be  appointed,  and  shall 
include  tests  of  physical  qualifications  and  health,  and  when  ap¬ 
propriate,  of  manual  skill. 

No  questions  in  any  examination  shall  relate  to  political  or 
religious  opinions  or  affiliations.  The  Commission  shall  control 
all  examinations  and  may,  whenever  an  examination  is  to  take 
place,  designate  a  suitable  number  of  persons,  either  in  or  not  in 
the  official  service  of  the  city,  to  be  examiners,  and  it  shall  be 
the  duty  of  such  examiners,  and  if  in  the  official  service  of  the 
city,  it  shall  be  part  of  their  official  duty,  without  extra  compen¬ 
sation,  to  render  such  service  in  connection  with  such  examin¬ 
ation  as  the  Commission  may  require,  and  to  make  report  or 
return  thereof  to  said  Commission,  and  the  Commission  may,  at 
any  time,  substitute  any  other  person,  whether  or  not  in  such 
service,  in  place  of  any  one  so  selected,  and  the  board  may  them¬ 
selves  at  any  time  act  as  such  examiners,  and  without  appoint- 


212 


ing  examiners.  The  Commission  shall  fix  the  compensation  of 
such  examiners,  and  may  appoint  such  other  employes  of  the 
board  as  they  deem  necessary,  and  fix  their  pay. 

Intending  competitors  shall  be  required  to  file  in  the  office 
of  the  Commissioners  a  reasonable  length  of  time  before  the  date 
of  any  examination,  a  formal  application  in  which  the  applicant 
shall  state,  under  oath,  first,  his  full  name,  residence  and  post- 
office  address;  second,  his  age,  date  and  place  of  birth;  third, 
health  and  physical  capacity  for  public  service;  fourth,  his  busi¬ 
ness  or  employment  and  residence  for  at  least  five  years  previous ; 
fifth,  such  other  information  as  may  be  reasonably  required 
touching  the  applicant’s  merit  and  fitness  for  the  public  service. 
Blank  forms  for  such  application  shall  be  furnished  by  the  Civil 
Service  Commissioners  without  charge  to  all  persons  requesting 
the  same.  Such  Commissioners  may  require  in  connection  with 
such  application  such  certificates  of  citizens,  physicians,  public 
officers  or  others  having  knowledge  of  the  applicant  as  the  good 
of  the  service  may  require.  Such  Commissioners  may  refuse  to 
examine  an  applicant,  or,  after  examination,  to  certify  as  eligible 
one  who  is  found  to  lack  any  of  the  essential  preliminary  require-  , 
ments  for  the  examinations  for  positions  for  which  he  applies; 
or  who  is  physically  so  disabled  as  to  be  rendered  unfit  for  the 
performance  of  the  duties  of  the  position  to  which  he  seeks  ap¬ 
pointment;  or  who  is  addicted  to  the  habitual  use  of  intoxicat¬ 
ing  beverages  to  excess;  or  who  has  been  convicted  of  a  crime 
or  guilty  of  infamous  or  notoriously  disgraceful  conduct ;  or  who 
has  been  dismissed  from  the  public  service  for  delinquency  or 
misconduct;  or  who  has  intentionally  made  a  false  statement  of 
any  material  fact,  or  practiced,  or  attempted  to  practice,  any 
deception  or  fraud  in  his  application,  in  his  examination,  or  in 
securing  his  eligibility  or  appointment. 

Sec.  13.  Notice  of  the  time  and  place  and  general  scope 
of  every  competitive  examination  provided  for  in  this  article 
shall  be  given  by  the  board  by  publication,  for  at  least  five  days 
preceding  such  examination,  in  the  newspaper  doing  the  city 
printing,  and  such  notice  shall  also  be  posted  in  a  conspicuous 
place  in  their  office  for  two  weeks  before  such  examination. 
The  board  may  advertise  non-competitive  examinations  provided 
for  in  this  article  in  such  manner  as  the  nature  of  such  exam- 
‘  inations  may,  in  their  opinion,  require,  Applications  for  appoint¬ 
ment  may  be  filed  at  any  time,  and  when  so  filed  personal  notice 
of  the  time  and  place  of  examinations  must  be  sent  by  mail  to 
the  applicant. 

Sec.  14.  From  the  returns  or  reports  of  the  examiners,  or 
from  the  examinations  made  by  the  Commission,  the  Commis- 


sion  shall  prepare  an  eligible  list  for  each  grade  or  class  of  posi¬ 
tions  in  the  competitive  class  of  the  classified  service  of  the  city, 
of  the  persons  whose  general  average  standing  upon  examina¬ 
tion  for  such  grade  or  class  is  not  less  than  the  minimum  fixed 
by  the  rules  of  such  Commission,  and  who  are  otherwise  eligible, 
and  shall  furnish  to  each  of  such  persons  a  certificate  setting 
forth  the  general  average  standing  secured  by  him  under  such 
examination,  and  such  person  shall  take  rank  upon  the  eligible 
list  as  candidates  in  the  order  of  their  relative  excellence  as 
determined  by  examination  without  reference  to  priority  of  time 
of  examination. 

Sec.  15.  The  board  shall,  by  its  rules,  provide  fbr  promo¬ 
tion  in  such  competitive  class  of  the  classified  service  on  the 
basis  of  ascertained  merit,  and  shall  provide  in  all  cases  where 
it  is  practicable  that  vacancies  therein  shall  be  filled  by  promo¬ 
tion,  and1  in  said  rules  shall  provide  for  transfers  and  re-instate¬ 
ments. 

Sec.  16.  The  head  of  a  department  or  office  in  which  a 
position  in  the  classified  service  is  to  be  filled  shall  notify  said 
board  of  the  fact,  and1  said  Commission  shall  certify  to  the 
appointing  officer  the  name  and  address  of  the  candidate  stand¬ 
ing  highest  upon  the  eligible  list  for  the  class  or  grade  to  which 
said  position  belongs,  except  that  where  a  choice  by  competition 
is  not  required  by  this  article,  said  Commission  may,  subject  to 
the  provisions  of  this  article,  provide  by  its  rules  how  selections 
shall  be  made  among  those  candidates  proved  fit  by  examina¬ 
tion.  In  making  such  certification,  sex  shall  be  disregarded, 
except  when  some  statute,  the  rules  of  the  Commission  or  the 
appointing  power  specify  sex.  The  appointing  officer  shall  notify 
said  Commission  of  each  position  to  be  filled  separately,  and 
shall  fill  such  place  by  the  appointment  of  the  person  certified  to 
him  by  said  Commission  therefor.  Said  Commission  shall  strike 
off  names  of  candidates  from  the  eligible  list  after  they  have 
remained  thereon  more  than  two  years.  In  the  event  of  more 
than  one  applicant  receiving  the  same  mark  at  any  examination, 
all  such  applicants  shall  cast  lots  to  determine  the  order  in  which 
their  names  shall  be  placed  on  the  eligible  list. 

Sec.  17.  Immediate  notice  in  writing  shall  be  given  by 
the  appointing  power  to  said  board  of  all  appointments,  perma¬ 
nent  and  temporary,  made  in  such  classified  service,  and  all  trans¬ 
fers,  promotions,  resignations  or  vacancies,  from  any  cause,  in 
such  service,  and  of  the  date  thereof,  and  a  record  of  the  same 
shall  be  kept  by  said  board.  When  any  office  or  position  is 
created  or  abolished  or  the  compensation  attached  thereto  altered, 
the  City  Clerk  shall  immediately  report  the  fact  in  writing  to 
said  board. 


214 


Sec.  18.  The  incumbents  of  all  positions  at  the  time  this 
charter  takes  effect,,  coming  within  the  competitive  class  of  the 
classified  service,  may  continue  in  service  and  discharge  the 
duties  assigned  them  until  the  beginning  of  the  fiscal  year  1910, 
and  until  the  board  secures  an  eligible  list  and  promulgates  rules 
as  provided  in  section  3  of  this  article,  whereupon  said  incum¬ 
bents  shall  be  deemed  to  have  vacated  their  several  positions. 
Until  such  time  appointments  and  removals  shall  be  made  and 
vacancies  filled  as  elsewhere  provided  in  this  charter. 

Sec.  19.  The  board  shall  appoint  a  chief  examiner  who 
shall,  under  their  direction,  superintend  any  examination  held 
under  this  article,  and  who  shall  perform  such  other  duties  as 
the  board  may  prescribe.  The  chief  examiner  shall  be  secre¬ 
tary  of  the  board  by  virtue  of  his  office.  He  shall  keep  the 
minutes  of  its  proceedings,  preserve  all  reports  made  to  it,  and 
keep  a  record  of  all  examinations  held  under  its  direction. 

Sec.  20.  No  person  or  officer  shall  wilfully  or  corruptly, 
by  himself,  or  in  co-operation  with  one  or  more  other  persons, 
directly  or  indirectly,  defeat,  deceive  or  obstruct  any  person  in 
mark,  grade,  estimate  or  report  upon  the  examination,  or  proper 
standing  of  any  person  examined  hereunder,  or  aid  in  so  doing, 
or  wilfully  or  corruptly  make  a  false  representation  concerning 
the  same,  or  concerning  the  person  examined,  or  wilfully  or 
corruptly  furnish  to  any  person  any  special  or  secret  informa¬ 
tion  for  the  purpose  of  either  improving  or  injuring  the  pros¬ 
pects  or  chances  of  any  person  so  examined  or  to  be  examined, 
of  being  appointed,  employed  or  promoted. 

Sec.  21.  No  officer  or  employee  within  the  competitive 
class  of  the  classified  service  of  the  city  shall  solicit  orally  or 
by  letter,  or  otherwise,  or  receive,  or  be  in  any  manner  con¬ 
cerned  in  soliciting  or  receiving  any  assessment,  subscription 
or  contribution  for  any  political  party  or  for  any  political  pur¬ 
pose  whatever. 

Sec.  22.  No  person  shall  solicit,  orally,  or  by  letter,  or 
otherwise,  or  be  in  any  manner  concerned  in  soliciting  any 
assessment,  contribution  or  payment  for  any  political  party  or 
for  any  political  purpose  whatever  from  any  officer  or  employe 

in  the  classified  service  of  the  city. 

*  \  ■ 

Sec.  23.  No  person  shall,  in  any  room  or  building  occu¬ 
pied  for  the  discharge  of  official  duties  by  any  officer  or  employe 
of  the  city,  solicit  orally  or  by  letter  or  written  communication 


215 


delivered  therein,  or  in  any  manner,  or  receive  any  contribution 
of  money  or  other  thing  of  value  for  any  political  party  or  for 
any  political  purpose  whatever.  No  officer,  agent,  or  employe, 
under  the  government  of  the  city,  who  may  have  charge  or  con¬ 
trol  of  any  building,  office  or  room  occupied  for  any  purpose  of 
said  government,  shall  permit  any  person  to  enter  the  same  for 
the  purpose  of  therein  soliciting  or  delivering  written  solicita¬ 
tions  for  or  receiving  or  giving  notice  of  any  political  assess¬ 
ment. 

Sec.  24.  No  officer  or  employe  in  the  service  of  the  city 
shall  directly  or  indirectly  give  or  hand  over  to  any  officer  or 
employe  in  the  service  of  said  city  any  money  or  other  valu¬ 
able  thing  on  account  of  or  to  be  applied  to  the  promotion  of  any 
political  party  or  any  political  purpose  whatever. 

Sec.  25.  No  officer  or  employe  of  the  city  shall  discharge 
or  degrade  or  promote,  or  in  any  manner  change  the  official 
rank  or  compensation  of  any  other  officer  or  employe,  or  prom* 
ise  or  threaten  to  do  so  for  giving  or  withholding,  or  neglecting 
to  make  any  contribution  of  money  or  other  valuable  thing  for 
any  political  party  or  purpose,  or  for  refusal  or  neglect  to  render 
any  political  service. 

Sec.  26.  No  applicant  for  appointment  in  said  Civil  Ser¬ 
vice  shall,  either  directly  or  indirectly,  pay  or  promise  to  pay  any 
money  or  other  valuable  thing  to  any  person  whatever  for  or  on 
account  of  his  appointment,  and  no  officer  or  employe  shall  pay 
or  promise  to  pay,  either  directly  or  indirectly,  to  any  person, 
any  money  or  other  valuable  thing  whatever  for  or  on  account 
of  his  promotion  or  retention  in  the  public  service  of  the  city. 

I 

Sec.  27.  No  applicant  for  appointment  or  promotion  in 
said  Civil  Service  shall  ask  for  or  receive  any  recommendation 
or  assistance  from  any  officer  or  employe  in  said  service,  or 
from  any  person,  upon  the  consideration  of  any  political  service 
to  be  rendered,  or  the  promotion  of  any  person  to  any  office  or 
appointment. 

Sec.  28.  No  person  while  holding  an  office  in  the  govern¬ 
ment  of  the  city,  or  a  nomination  for,  or  while  seeking  a  nom¬ 
ination  for  or  appointment  to  any  such  office,  shall  corruptly 
use  or  promise  to  use,  either  directly  or  indirectly,  any  official 
authority  or  influence  (whether  then  possessed  or  merely  antici¬ 
pated),  in  the  way  of  conferring  upon  any  person,  or  in  order  to 
secure  or  aid  any  person  in  securing  any  office  or  public  appoint- 


216 


rnent,  or  any  nomination,  promotion  or  increase  of  salary,  upon 
the  consideration  or  condition  that  the  vote,  or  influence  or 
action  of  the  last  named  person  or  any  other  shall  be  given  or 
used  in  behalf  of  any  candidate,  officer,  person,  or  political  party, 
or  upon  any  corrupt  condition  or  consideration. 

Sec.  29.  The  board  shall  certify  to  the  City  Comptroller 
all  appointments  to  offices  and  places  in  the  competitive  class  of 
the  classified  service  and  all  vacancies  occuring  therein. 

Sec.  30.  It  shall  be  unlawful  for  the  City  Comptroller  or 
other  fiscal  officer  of  the  city,  when  Civil  Service  rules  have 
been  prescribed,  pursuant  to  this  article,  to  draw,  sign,  or  issue 
or  authorize  the  drawing  or  issuing  of  any  warrant  on  the  Treas¬ 
urer  or  other  disbursing  officer  of  the  city  to  pay  any  salary  or 
compensation  to  any  officer,  clerk  or  person  in  the  competitive 
class  of  the  classified  service  of  the  city  unless  his  name  shall 
have  been  certified  to  the  Comptroller  as  provided  for  in  the 
preceding  section  of  this  article.  Any  officer,  clerk  or  other  per¬ 
son  entitled  to  be  certified  by  said  board  to  the  Comptroller, 
Treasurer  or  other  fiscal  or  disbursing  officer  of  the  city,  as  hav¬ 
ing  been  appointed  or  employed  in  pursuance  of  this  article,  and 
of  the  rules  made  in  pursuance  of  it,  and  refused  such  certificate, 
may  maintain  a  proceeding  by  mandamus  in  the  Supreme  Court 
of  the  State,  or  in  the  Circuit  Court  of  Jackson  County,  Missouri, 
at  Kansas  City,  to  compel  said  board  to  issue  such  certificate. 
Mandamus  proceedings  as  herein  specified  must  be  brought  within 
thirty  days  after  refusal  of  such  certificate.  Jurisdiction  is  hereby 
conferred  upon  the  Circuit  Court  of  Jackson  County,  Missouri, 
at  Kansas  City,  and  on  any  judge  thereof,  in  vacation,  on  appli¬ 
cation  of  any  tax-payer  of  said  city,  to  restrain  and  enjoin  the 
payment  of  any  compensation  for  services  rendered  said  city  by 
any  person  by  virtue  of  occupying  any  office  or  position  coming 
within  the  competitive  class  of  the  classified  service  of  the  city 
who  occupies  such  office  or  position  under  any  appointment  made 
in  contravention  of  any  provision  of  this  article.  The  process 
above  provided  shall  not  be  so  construed  as  to  limit  or  restrict 
the  jurisdiction  or  power  of  said  court  to  accord  other  adequate 
civil  remedy  necessary  to  effectuate  the  provisions  of  this  article. 

Sec.  31.  Any  person  who  shall  wilfully,  or  through 
culpable  negligence,  violate  any  of  the  provisions  of  this  article, 
shall  be  guilty  of  a  misdemeanor,  and  shall  upon  conviction  there¬ 
of  in  the  Criminal  Court  of  Jackson  County,  Missouri,  at  Kan¬ 
sas  City,  be  punished  by  a  fine  of  not  less  than  fifty  dollars  and 
not  exceeding  five  hundred  dollars,  or  by  imprisonment  in  the 


217 


city  workhouse  for  a  term  not  exceeding  six  months  or  by  both 
such  fine  and  imprisonment,  and  the  said  Criminal  Court  is 
hereby  vested  with  jurisdiction  of  violations  of  this  article,  in 
so  far  as  enforcing  fines  and  penalties  is  concerned.  And  it  is 
hereby  made  the  duty  of  the  City  Counselor  to  appear  in  said 
court  on  behalf  of  the  city,  and  to  prepare  all  informations  for 
violations  of  this  article,  which  shall  be  verified  by  the  prose¬ 
cuting  witness  or  the  City  Counselor,  andvshall  be  prosecuted  in 
the  name  of  the  city.  Upon  the  filing  of  such  verified  informa¬ 
tion  by  said  City  Counselor  specifying  the  acts  or  omissions  of 
the  accused  constituting  the  alleged  offense,  in  term  time  in  said 
court,  or  with  the  clerk  thereof  in  vacation  a  warrant  shall  issue 
for  the  apprehension  of  the  person  charged  with  the  offense  as 
provided  by  Section  2484  of  the  Revised  Statutes  of  Missouri 
of  1899,  and  the  trial  and  all  proceedings  shall  be  in  accordance 
with  the  State  law  of  Missouri  applicable  to  proceedings  upon 
information  filed  in  a  court  of  record,  except  that  the  City  Coun¬ 
selor  shall  institute  and  conduct  the  same  in  the  name  of  the 
city,  as  herein  provided.  The  Prosecuting  Attorney  of  Jackson 
County  may  also*file  information  and  conduct  prosecutions  in 
the  name  of  the  city  in  said  court  for  violations  of  the  provisions 
of  this  article. 

Sec.  32.  The  Common  Council  shall  have  the  power  to 

pass  all  ordinances  touching  the  Civil  Service,  the  passage  of 

whictt  shall  have  been  recommended  bv  the  Commission  in  writ- 

* 

ing  duly  certified  thereon,  provided  the  same  are  in  no  wise 
inconsistent  or  in  conflict  with  any  provision  of  this  article. 

Sec.  33.  The  provisions  of  this  article  shall  extend  to  and 
govern  the  police  department  of  the  city  whenever  and  so  far 
as  the  State  laws  shall  authorize  or  permit.  Should  the  State 
enact  a  Civil  Service  law  governing  the  police  department  of  this 
city,  this  Commission  is  authorized  to  administer  said  law,  should 
the  State  so  provide. 


ARTICLE  XVI. 


Franchises. 

Section  1.  The  title  of  the  city  to  and  in  its  water  front, 
wharf  property,  land!  under  water,  public  landings,  wharves, 
docks,  highways,  avenues,  boulevards,  streets,  lanes,  alleys,  parks, 
public  grounds  and  public  places  is  hereby  declared  to  be  inalien¬ 
able;  provided ,  that  nothing  herein  contained  shall  prevent  the 
city  from,  vacating  any  street  or  highway  or  part  thereof  in 
the  manner  provided  for  in  this  charter,  nor  for  disposing  of 
any  building  or  parcel  of  land  which  the  city  may  lawfully  sell, 
no  longer  needed  for  public  use,  provided  such  disposition  shall 
be  made  on  open  and  public  competition  and  pursuant  to  ordi¬ 
nance  passed  by  at  least  two-thirds  affirmative  vote  of  all  the 
members  elect  of  each  house  of  the  Common  Council. 

Sec.  2.  The  city  may  grant  for  a  limited  time,  and  sub¬ 
ject  to  the  limitations  and  conditions  contained  in  this  charter* 
specific  franchises,  privileges,  or  rights  in  or  relating  to  any  of 
the  public  property  or  places  mentioned  in  the  preceding  section, 
but  the  city  shall  have  no  power  to  grant  any  exclusive  fran¬ 
chise,  privilege  or  right  for  any  purpose  whatsoever;  and,  pro¬ 
vided,  that  no  such  franchise,  privilege  or  right  shall  be  granted 
by  both  houses  of  the  Common  Council  at  the  same  meeting  at 
which  the  ordinance  providing  therefor  is  introduced. 

Sec.  3.  Alb  franchises  hereafter  granted  or  extended  by 
the  city  shall  have  a  time  fixed  therein  for  the  expiration  of  such 
grant  or  extension;  and  ; if' do  time  be  fixed  therein  for  their 
expiration  or  extension,  then  such  franchise  shall  expire  twenty 
years  after  the  ordinance  granting  or  extending  the  same  takes 
effect.  No  franchise  for  any  purpose  whatever  shall  be  granted 
or  extended  by  the  city  for  a  longer  period  of  time  than  thirty 
years  unless  the  ordinance  granting  or  extending  such  franchise 
shall  be  submitted  to  the  qualified  voters  of  said  city,  and  ratified 
by  a  majority  vote  of  said  qualified  voters  voting  at  an  election 
to  be  held  for  that  purpose,  and  no  such  franchise  shall  be  valid 
unless  so  ratified.  Any  ordinance,  however,  granting  or  extend¬ 
ing  a  franchise  for  a  term  of  thirty  years,  or  for  a  term  less  than 
thirty  years,  may  provide  that  the  same  shall  not  take  effect 
or  be  valid  unless  ratified  as  above  provided,  and  in  every  such 
case  the  ordinance  shall  not  take  effect  or  be  of  any  validity 
until  submitted1  to  the  qualified  voters  of  said  city,  and  ratified 


219 


by  a  majority  of  said  qualified  voters  voting’  at  an  election  to 
be  held  for  that  purpose.  The  expense  of  any  special  election 
called  for  a  vote  on  such  ordinance  shall  be  paid  by  the  grantee 
or  grantees  named  in  the  franchise  ordinance  so  submitted. 

Sec.  4._  The  city  may,  by  ordinance,  direct  and  control  the 
laying  and  construction  of  surface,  elevated  and  underground 
railroads  of  any  kind  on,  over  or  under  the  streets,  avenues,  high¬ 
ways  and  alleys  of  the  city,  and  may  require  any  such  railroads, 
and  all  parts  thereof  to  be  constructed,  laid  and'  kept  in  repair 
so  as  to  interfere  as  little  as  possible  with  ordinary  travel  and 
use  of  streets,  avenues,  highways  and  alleys,  and  may  require 
the  space  between  the  rails  and  columns,  and  not  less  than 
eighteen  inches  on  the  outside  thereof,  and  the  space  between  all 
tracks  and  columns  to  be  macadamized,  paved,  repaved,  blocked, 
reblocked  or  improved,  as  the  roadway  beyond  such  limits  may 
be  macadamized,  paved,  repaved,  blocked,  reblocked  or  improved, 
and  kept  in  repair  by  the  person,  persons  or  corporation  owning 
or  operating  the  same;  this  section  shall  apply  to  all  such  rail¬ 
roads  heretofore  constructed,  and  those  hereafter  to  be  con¬ 
structed. 

The  city  shall  not  grant  the  right-of-way  on  or  over  any 
street  in  said'  city  to  any  person,  persons  or  corporation  for  the 
construction  of  any  railroad  without  the  consent  of  the  property 
owners  owning  a  majority  in  front  feet  of  the  property  front¬ 
ing  on  each  street  between  the  points  where  such  railroad  is  pro¬ 
posed  to  be  constructed;  nor  shall  any  railroad  be  hereafter  con¬ 
structed  ,or  laid  down  without  such  consent ;  and  the  city  shall 
have  power,  by  ordinance,  to  fix  and  regulate,  from  time  to 
time,  the  hours  and  frequency  of  trips  of  street  railroads,  the 
fare  to  be  charged  for  passage  on  any  such  railroad,  and  to 
require  any  such  railroad,  or  any  part  thereof,  to  be  lighted  and 
guarded,  and  to  designate  the  kind  of  rails  and  vehicles  to  be 
used,  and  shall  have  power  to  require  the  performance  of  any 
other  condition,  and  the  making  of  any  other  improvement  that 
the  Common  Council  may  deem  for  the  best  interests  of  the 
city. 

Sec.  5.  It  shall  be  lawful  for  the  city  to  regulate  and  con¬ 
trol  the  exercise  by  any  person  or  corporation  of  any  public  fran¬ 
chise  or  privilege  in  any  of  the  streets  or  public  places  of  the 
city,  whether  such  franchise  or  privilege  has  been  or  may  be 
granted  by  the  city  or  by  or  under  the  State  of  Missouri,  or  any 
other  authority. 

All  persons,  firms  and  corporations  owning  or  operating 
telephone  or  telegraph  lines,  systems  or  exchanges  or  street 
railway  lines  and  systems  or  a  tunnel  or  subway,  conduit  or 


«■ 


220 


viaduct,  or  engaged  in  furnishing  gas,  steam  or  electricity  for 
lighting,  heating  or  power,  or  engaged  in  furnishing  light,  heat 
or  refrigeration  under  any  franchise  granted  by  the  State  of 
Missouri  or  the  city  of  Kansas  City,  and  all  persons,  firms  and 
corporations  owning  or  operating  any  other  public  utility  under 
any  franchise  granted  by  the  State  of  Missouri  or  the  city  of 
Kansas  City  are  hereby  required  to  charge  no  more  for  the  ser¬ 
vice  of  such  utility  than  such  rates  as  shall  be  fixed,  from  time 
to  time,  by  ordinance  of  the  city.  The  city  shall  have  power 
and  authority  to  fix,  by  ordinance,  the  rates  charged  for  the 
service  of  such  utility  within  its  corporate  limits  and  to  provide 
and  enforce  fines  and  penalties  for  the  violation  thereof,  and  to 
change  such  rates,  by  ordinance,  from  time  to  time,  as  often  as 
may  be  deemed  necessary;  provided however,  that  such  rates 
must  be  reasonable  and  shall  not  be  changed  oftener  than  once 
every  two  years.  Any  such  person,  firm  or  corporation  owning 
or  operating  any  of  the  utilities  mentioned  in  this  charter,  and 
claiming  to  be  aggrieved  by  the  rates  fixed  by  any  ordinance  of 
the  city,  shall  have  the  remedies  herein  provided  to  have  the 
validity  of  such  ordinance,  and  the  reasonableness  of  such  rates, 
determined  by  the  Circuit  Court  of  the  County  of  Jackson  at 
Kansas  City.  The  party  so  complaining  shall,  as  plaintiff,  file 
in  the  Circuit  Court  within  twenty  days  after  the  passage  of  such 
ordinance  a  petition  against  such  city  as  defendant,  setting  forth 
the  objections  to  such  ordinance,  whereupon  summons  shall  issue 
and  be  served  upon  such  city  and  proceedings  had  as  in  other 
cases.  The  plaintiff  or  defendant  shall  have  the  right  of  appeal 
to  the  proper  appellate  court  of  the  State  as  in  other  cases.  Said 
cause  shall  be  speedily  heard  and  determined,  and  shall  have 
precedence  in  time  in  the  Circuit  and  Appellate  Courts  over  other 
civil  actions.  Nothing  contained  in  this  section  shall  be  con¬ 
strued  to  mean  that  any  power  or  jurisdiction  is  conferred  upon 
said  courts  to  fix  such  rates  or  regulate  the  charges  of  any  such 
public  utility. 

Sec.  6.  The  city  may,  by  ordinance,  provide  for  and  estab¬ 
lish  a  committee  or  commission  to  make  investigation  into  all 
facts  and  matters  touching  the  establishment  of  such  just  and 
reasonable  rate  or  rates  charged,  and  the  character  of  the  ser¬ 
vice  furnished,  and  such  other  matters  as  the  Common  Council 
may  designate  by  ordinance,  and  after  such  investigation  said 
commission  shall  report  its  findings  and  recommendations  to  the 
City  Council.  The  city  shall  have  power  and  authority,  by  ordi¬ 
nance,  to  require  and  enforce  the  production  of  books  and  papers 
and  compel  the  attendance  of  witnesses  before  the  Common 
Council  or  any  dtily  established  committee  or  commission  for  the 
purpose  of  ascertaining  the  facts  under  investigation. 


221 


Sec.  7.  A  uniform  gauge  shall  be  established  by  ordinance 
for  all  street  railroads  in  Kansas  City. 

Sec.  8.'  All  franchises  and  privileges  heretofore  granted 
by  the  city  which  are  not  in  actual  use  and  enjoyment,  which 
the  grantees-  thereof  have  not  in  good  faith  commenced  to  exer¬ 
cise  within  the  time  fixed  for  so  doing  by  the  ordinance  granting 
the  right,  or  by  any  ordinance  extending  said  time,  are  hereby 
declared  forfeited  and  of  no  validity  unless  said  grantees  or  their 
assigns  shall,  within  six  months  after  this  charter  takes  effect, 
in  good  faith  commence  the  exercise  and  enjoyment  of  such 
privilege  or  franchise. 

Sec.  9.  All  rights  and  regulations  and  control  which  this 
charter  gives  to  the  city  shall  be  construed  as  continuing  rights, 
and  the  city  shall  not  be  held  to  have  exhausted  the  right  bv 
one  exercise  thereof,  either  in  the  original  ordinance  by  which 
any  franchise  may  be  granted,  or  by  any  subsequent  ordinance. 

Sec.  10.  No  ordinance  creating,  granting,  extending, 
amending  or  altering  any  franchise,  right  or  privilege  to  any 
person  or  corporation  to  make  use,  in  whole  or  in  part,  of  any 
street  or  streets,  alley  or  alleys,  or  other  public  ground  or 
grounds,  whether  on,  under  or  above  the  surface  thereof,  shall 
become  final  and  effective  until  sixty  days  after  the  enactment 
thereof  and  if  within  such  sixty  days  after  the  enactment 
thereof  a  petition  or  petitions  requesting  that  such  ordinance 
shall  be  submitted  to  a  vote  of  the  qualified  voters  of  said  city, 
signed  by  voters  of  said  city,  who  were  qualified  to  vote  at  the 
last  preceding  general  city  election  and  aggregating  in  number 
not  less  than  twenty  per  cent  of  the  number  of  votes  cast  at  the 
last  preceding  general  city  election  for  all  candidates  for  Mayor, 
shall  be  filed1  in  the  office  of  the  City  Clerk,  to  which  petition 
must  be  attached  a  certificate  of  a  Notary  Public  of  Jackson 
County,  Missouri,  stating  that  the  Notary  has  good  reason  to 
believe,  and  does  believe,  that  the  signatures  thereto  are  the 
genuine  signatures  of  qualified  voters  of  such  city,  which  cer¬ 
tificate  shall  constitute  prima  facie  evidence  of  the  genuineness 
and  authenticity  of  such  signatures,  the  Mayor  and  Common 
Council  shall  cause  such  ordinance  to  be  submitted  to  the  quali-  * 
fied  voters  of  said  city  at  a  general  or  special  election,  and  unless 
a  majority  of  the  votes  cast  for  and  against  such  ordinance  at 
such  election  shall  be  in  favor  of  the  adoption  thereof,  such 
ordinance  shall  be  null  and  void.  Such  petition  shall  be  can¬ 
vassed  by  the  City  Clerk,  City  Comptroller  and  City  Counselor, 
who  shall  determine  whether  such  petition  contains  the  neces- 


222 


sary  signatures  required  as  above.  Their  finding  shall  be  con¬ 
clusive  for  all  purposes,  and  they  shall  make  certification  of  such 
finding  to  the  Mayor,  and  a  copy  of  such  certificate  shall  be 
recorded  in  the  office  of  the  City  Clerk  and  preserved  among 
the  archives  of  the  city.  Such  election  shall  be  called,  held  and 
conducted  as  may  be  prescribed*  by  ordinance,  and  the  certificate 
of  the  officer  or  officers  at  such  time  legally  required  to  make 
such  certificate  as  to  the  result  of  the  election  shall 
be  final  and  conclusive.  Such  franchise  ordinance  shall 
not,  in  any  event,  be  final  and  effective  after  the 
filing  of  such  petition  until  approved  by  a  majority  vote  at  such 
election.  If  a  special  election  be  called  for  a  vote  on  such  ordi¬ 
nance,  the  person  or  corporation  in  whose  favor  such  ordinance 
shall  be  enacted  shall  pay  all  costs  and  expenses  of  such  elec¬ 
tion,  and  shall  give  bond  with  security  satisfactory  to  the  Mayor 
for  the  payment  of  such  costs  and  expenses  before  the  calling 
of  such  election. 

If  any  person  shall  sign  the  petition  above  provided  for 
with  a  name  other  than  his  own,  or  shall  procure  or  attempt  to 
procure  any  other  person  to  do  so,  or  shall  procure  or  attempt 
to  procure  any  signature  to  said  petition  by  false  or  fraudulent 
statements,  he  shall  be  guilty  of  a  misdemeanor  and  shall  be  pun¬ 
ished  by  a  fine  of  not  more  than  five  hundred  dollars  and  by 
imprisonment  for  not  longer  than  twelve  months. 


i 


V 


ARTICLE  XVII. 


Dramshops. 

Section  1.  Before  an  application  for  license  to  keep  a 
saloon,  beer  house,  tippling  house  or  dramshop  shall  be  received 
or  filed  by  the  City  Auditor,  there  shall  be  endorsed  thereon  a 
certificate  signed  by  the  Board  of  Police  Commissioners  that 
such  applicant  has  proved  himself  to  be  a  person  of  good  moral 
character.  Whenever  such  application  is  presented  to  the  Board 
of  Police  Commissioners,  such  Board  shall  cause  notice,  in. 
writing,  to  be  served  by  a  policeman,  upon  every  resident  prop¬ 
erty  owner  in  the  block  where  such  saloon,  beer  house,  tippling 
house  or  dramshop  is  proposed  to  be  located,  designating  a  day 
not  less  than  five  days  nor  more  than  ten  days  after  the  service 
of  such  notice  when  remonstrances,  if  any,  against  the  issuance 
of  such  license  will  be  heard  by  such  Board.  Whenever  such 
application  so  endorsed,  as  aforesaid,  by  said  Board  of  Police 
Commissioners,  shall  be  presented  to  the  City  Auditor,  he  shall 
issue  a  license  to  such  applicant. 

Sec.  2.  Whenever  it  shall  be  shown  to  the  Board  of 
Police  Commissioners,  upon  complaint  of  any  person  in  writing, 
or  whenever  said  Board  shall  become  satisfied  that  any  dram¬ 
shop  keeper  of  the  city  keeps  a  disorderly  house,  or  a  house  that 
is  a  resort  of  minors,  lewd  or  disreputable  women,  or  of  evil- 
disposed  persons,  the  said  Board  of  Police  Commissioners  may 
order  the  license  of  such  dramshop  keeper  to  be  revoked,  and 
from  the  date  of  such  order  of  revocation,  such-  dramshop  keeper 
shall  be  deemed  to  have  no  license,  and  to  be  without  authority 
of  law  to  carry  on  a  dramshop;  and  thereafter  no  license  shall 
be  granted  to  such  person  to  keep  a  dramshop.  Whenever  such 
complaint  in  writing  shall  be  made  to  the  Board,  or  whenever 
the  Board  shall  become  satisfied  that  any  dramshop  keeper  of  the 
city  keeps  a  disorderly  house,  or  a  house  that  is  the  resort  of 
minors,  lewd  or  disreputable  women,  or  of  evil-disposed  persons, 
such  Board  shall  order  its  Secretary  to  notify  such  dramshop 
keeper  of  the  same,  and  set  a  day  when  such  dramshop  keeper 
may  be  heard;  and  such  notice  shall  be  served  by  a  policeman 
by  a  copy  thereof  delivered  to  such  dramshop  keeper  or  any 
barkeeper  in  charge  of  said  dramshop,  and  no  license  shall  be 
revoked  by  said  Board  without  notice  thereof,  and  an  oppor¬ 
tunity  to  be  heard,  to  said  dramshop  keeper. 


224 


Sec.  3.  The  Board  of  Police  Commissioners  shall,  on  the 
day  next  preceding  any  general  or  special  election  held  in  Kan¬ 
sas*  City,  issue  an  order  for  the  closing  of  all  saloons,  beer 
houses,  tippling  houses  and  dramshops  on  such  election  day, 
and  give  public  notice  of  the  issuance  thereof.  Said  Board  shall 
direct  the  Chief  of  Police  to  take  the  necessary  steps  to  insure 
the  strict  enforcement  of  such  order. 


ARTICLE  XVIII. 


Miscellaneous  Provisions.  ' 

Section  1.  All  ordinances,  regulations  and  resolutions  in 
force  at  the  time  this  charter  takes  effect,  and  not  inconsistent 
with  the  provisions  thereof,  shall  remain  and  be  in  force  until 
altered,  modified  or  repealed  by  the  Common  Council. 

Sec.  2.  All  measures  and  proceedings  pending  or  under 
consideration  in  the  Common  Council  or  either  House  thereof 
at  the  time  this  charter  takes  effect  and  not  inconsistent  with 
the  provisions  thereof,  shall  remain  unaffected  by  this  charter 
and  may  be  acted  upon  and  disposed  of  the  same  as  if  they  had 
originated  under  this  charter. 

Sec.  3.  Any  street  paving  or  repaving  or  other  public 
improvement  declared  to  be  necessary  by  any  resolution  which 
shall  have  been  passed  by  both  Houses  of  the  Common  Council 
of  Kansas  City,  Missouri,  prior  to  the  time  this  charter  goes 
into  effect,  shall  be  made  and  the  tax  bills  in  payment  therefor 
shall  be  issued  and  all  proceedings  appertaining  thereto  shall  be 
carried  out  under  the  provisions  of  the  charter  and  ordinances 
existing  at  the  time  of  the  passage  of  the  original  resolution 
declaring  such  street  paving  or  repaving  to  be  necessary  and 
the  adoption  of  this  charter  or  any  ordinance  thereunder  shall 
in  no  wise  affect  the  validity  of  or  render  illegal  any  proceeding 
of  the  Board1  of  Public  Works  or  Board  of  Park  Commissioners 
or  of  the  Common  Council  or  of  the  City  of  Kansas  City,  or  of 
any  officer  or  agent  thereof  which  has  been  or  shall  be  had  or 
carried  out  in  accordance  with  the  provisions  of  the  charter  and 
ordinances  existing  at  the  time  of  the  passage  of  said  original 
resolution,  but  anv  and  all  such  proceedings  shall  be  legal  and 
valid.  '  -  *  '  , 

Sec.  4.  All  rights  of  action,  contracts,  titles,  fines,  penalties 
and  forfeitures  accrued  to  the  city  before  this  charter  goes  into 
effect  shall  remain  in  existence  in  full  force  and  effect,  unaffect¬ 
ed  thereby,  and  may  be  prosecuted,  recovered  and  received  as 
fully  in  every  respect  as  if  this  charter  had  not  taken  effect. 

Sec.  5.  All  ordinances,  resolutions  and  proceedings  of  the 
Common  Council  may  be  proved  by  the  seal  of  the  corporation 


226 


attested  by  the  officer  having  charge  thereof  and  when  printed 
and  published  by  authority  of  the  city,  the  same  shall  be  re¬ 
ceived  in  evidence  in  all  cases  and  places  by  all  courts  without 
further  proof. 

Sec.  6.  All  recognizances,  obligations  and  all  other  in¬ 
struments  entered  into  or  executed  by  or  to  the  city  before  this 
charter  takes  effect,  and  all  fines,  taxes,  penalties  and  forfeitures 
due  or  owing  to  the  city,  and  all  writs,  prosecutions,  actions 
and  causes  of  action,  except  as  herein  otherwise  provided,  shall 
continue  and  remain  unaffected  by  this  charter. 

Sec.  7.  All  judicial  proceedings  of  any  kind  or  character 
and  all  condemnation  proceedings  growing  out  of  the  taking 
or  damaging  of  private  property  for  any  public  use,  begun  or 
pending  at  the  time  this  charter  takes  effect,  all  contracts  for 
the  doing  of  any  kind  of  public  work  whether  to  be  paid  for 
out  of  the  revenue  of  the  city  or  by  special  assessment  or  taxa¬ 
tion,  and  all  things  done  or  to  be  done  under  or  by  reason  of 
any  such  contract  or  the  doing  of  any  work  thereunder,  not 
completed  and  performed  at  the  time  this  charter  takes  effect, 
shall  in  no  wise  be  affected  by  this  charter,  and  the  same  shall 
be  conducted  and  prosecuted  to  completion  and  performance  in 
every  respect  under  the  provisions  of  the  charter  and  amend¬ 
ments  thereof  which  this  charter  supersedes. 

Sec.  8.  The  city,  in  taking  an  appeal  or  prosecuting  a 
writ  of  error  in  any  judicial  proceeding,  shall  give  bond  as 
required  by  law;  but  it  is  hereby  released  from  the  obligation  of 
law  to  furnish  security  therefor;  every  such  bond  shall  be  exe¬ 
cuted1  by  the  Mayor  in  the  name  of  the  City,  under  the  corporate 
seal  thereof,  and  shall  be  taken  in  all  courts  of  this  State  as  a 
full  compliance  with  the  law  in  such  cases.  In  all  actions 
brought  by  or  against  Kansas  City,  the  inhabitants  of  the  city 
may  be  jurors  or  witnesses  if  otherwise  competent  and  qualified. 

Sec.  9.  All  persons  in  office  in  the  city  at  the  time  of  the 
taking  effect  of  this  charter  shall  hold  their  offices  until  their 
successors  are  elected  or  appointed  and  qualified,  and  no  officer 
of  the  city  who  was  qualified  to  hold  his  office  under  the  pro¬ 
visions  of  the  charter  which  this  charter  supersedes  shall  be  con¬ 
sidered  as  disqualified  to  hold  such  office  by  reason  of  any  addi¬ 
tional  disqualification  contained  in  this  charter  and  existing  as 
to  such  officer  at  the  time  this  charter  takes  effect,  and  any  such 
officer  shall  be  entitled  to  continue  in  his  office  notwithstanding 
the  existence  of  such  additional  disqualification.  In  all  cases 


227 


where  the  authority  or  duties  pertaining  to  any  office  held  bv 
any  person  at  the  time  this  charter  takes  effect  are  either 
changed,  increased  or  diminished1  by  this  charter,  the  authority 
and  duties  of  the  person  holding  any  such  office  shall  henceforth 
be  measured  and  determined  solely  in  accordance  with  the  pro¬ 
visions  of. this  charter  pertaining  to  such  office.  The  City  Attor¬ 
ney  in  office  at  the  time  this  charter  takes  effect  shall  continue 
to  discharge  the  duties  and  receive  the  compensation  of  that 
office  as  defined  and  provided  by  the  provisions  of  the  charter 
and  amendments  thereof  which  this  charter  supersedes  until 
the  third  Monday  in  April,  1910,  anything  in  this  charter  to  the 
contrary  notwithstanding. 

Sec.  10.  Any  lien  on  real  property  existing  in  favor  of 
the  State  of  Missouri,  or  of  Kansas  City,  at  or  before  the  inking 
effect  of  this  charter,  for  taxes  and  special  assessments  levied  by 
such  city,  and  all  right,  title  and  estate  acquired  by  or  vested 
in  the  State  of  Missouri  or  in  Kansas  City,  by  reason  of  the 
forfeiture  or  sale  to  the  State  or  the  city  of  any  tract  of  land, 
town  or  city  lot  offered  at  public  sale  for  taxes,  or  special  assess¬ 
ment  levied  by  such  city,  interest  and  costs  due  thereon,  and  not 
sold  to  others  for  want  of  bidders,  are  hereby  assigned  and 
transferred  to  and  continued  in  such  city;  and  all  lands,  town 
or  city  lots  forfeited  or  sold  to  the  State  of  Missouri  or  such  city 
on  account  of  taxes  or  special  assessments  levied  thereon  by  the 
city,  or  sold  to  the  city  in  action  for  taxes  or  special  assessments 
levied  thereon  by  the  city,  shall,  from  the  taking  effect  of  such 
charter,  be  deemed  and  taken  to  be  forfeited  and  sold  to  the  :ity. 
In  all  cases  where  certificates  of  purchase  have  at  the  time  when 
this  charter  takes  effect  been  made  out  in  the  name  of  the  pur¬ 
chasers  at  any  sale  for  such  delinquent  taxes  or  special  assess¬ 
ments,  the  right  to  redeem  from  any  such  sale,  or  to  a  deed  or 
deeds,  shall  not  be  affected  or  impaired  by  anything  in  this  char¬ 
ter  contained. 

Sec.  11.  A  warrant  shall  issue  in  all  cases  in  favor  of 
Kansas  City  for  a  violation  of  any  ordinance  or  other  regulation 
upon  information  by  the  City  Counselor  or  one  of  his  assistants 
that  such  violation  has  been  committed,  or  upon  oath  or  affirma¬ 
tion  of  any  person  that  such  violation  has  been  committed. 

Sec.  12.  The  repeal  of  any  law  by  the  provisions  of  this 
charter  shall  not  in  any  wise  be  so  construed  as  to  affect  any 
right  or  liability  acquired  or  accrued  thereunder  by  or  on  the 
part  of  the  city,  or  any  person  or  body  corporate.  And  this 
charter  shall  not  in  any  manner  affect  any  right,  lien  or  liability 


228 


accrued,  established  or  subsisting  under  and  by  virtue  of  the 
previous  charter  or  any  amendment  thereto,  but  such  right,  lien 
or  liability  shall  be  enforced,  and  such  action  or  proceeding  shall 
be  carried  on  in  all  respects  as  if  this  charter  had  not  taken  effect; 
nor  shall  this  charter  be  in  anywise  so  construed  as  to  affect  the 
right  or  liability  acquired  or  accrued  under  the  previous  charter 
and  amendments  thereto,  or  on  the  part  of  the  city,  or  any  per¬ 
son  or  body  corporate. 

Sec.  13.  Any  notice,  advertisement  or  publication  re¬ 
quired  by  this  charter  to  be  published  shall  be  held  to  be  well 
given,  made  and  published,  when  the  same  is  published  for  the 
required  number  of  days  in  the  newspaper  doing  the  city  print¬ 
ing  on  the  day  of  the  first  publication  thereof.  In  computing 
the  number  of  days  during  which  the  publication  is  made,  Sun¬ 
days  and  legal  holidays  and  all  calendar  days  between  the  first 
and  last  publication  shall  be  included  and  counted  whether  01 
not  the  paper  is  published  on  such  days. 

Sec.  14.  All  city  improvements  of  whatever  kind  or 
character,  including  the  erection  of  all  public  buildings,  made 
or  to  be  erected)  at  the  expense  of  the  city,  and  including  all 
work  to  be  paid  for  in  special  tax  bills,  and  all  contracts  made 
by  the  city  or  any  Board,  Department  or  officer  thereof  and  all 
purchases  of  suplies  or  other  property  for  the  city,  except  as  in 
this  charter  otherwise  provided,  shall  be  let  by  contract  to  the 
lowest  and  best  bidder  as  shall  be  prescribed  bv  ordinance ;  pro¬ 
vided,  however,  that  nothing  in  this  section  shall  be  so  con¬ 
strued  as  to  prevent  repair  and  maintenance  by  day's  work  of 
streets,  alleys  and  other  public  places,  curbing,  sidewalks,  sew¬ 
ers,  culverts,  buildings  or  other  city  property,  so  far  as  may  be 
necessary,  under  the  direction  of  the  Board  or  Department  hav¬ 
ing  control,  management  or  jurisdiction  of  such  work. 

Sec.  15.  The  Mayor,  each  member  of  the  Common  Coun¬ 
cil,  Chief  of  Police,  and  all  Police  Officers,  shall  be  conservators 
of  the  peace  and  all  officers  of  the  city  created  conservators  of 
the  peace  by  this  charter,  or  authorized  by  any  ordinance,  shall 
have  power  to  arrest,  or  cause  to  be  arrested,  with  or  withoui 
process,  any  person  who  shall  break  the  peace  or  be  found  vio¬ 
lating  any  ordinance  of  the  city  or  the  laws  of  the  State,  and 
commit  for  examination,  and  if  necessary  detain  such  person 
or  persons  over  night,  or  on  the  Sabbath,  in  the  city  prison  or 
any  other  place,  or  until  they  can  be  brought  before  the  Judge 
of  the  Municipal  Court,  or  other  proper  officer,  and  shall  have 
and  exercise  such  other  powers  as  conservators  of  the  peace  as 
the  city  may  prescribe. 


229 


Sec.  16.  The  City  Treasurer  shall,  on  demand  of  an> 
party,  give  to  such  party  a  certificate  signed  by  him  showing 
all  unpaid  taxes,  if  any,  and  all  outstanding  tax-sale  certificates, 
if  any,  against  any  lot  or  parcel  of  land  mentioned  in  the  de¬ 
mand,  as  appears  by  the  books  and  records  in  his  office  and 
by  the  book  of  sales 'in  the  Auditor’s  office,  or  if  there  are  none 
the  certificate  shall  show  that  fact.  For  such  certificate  a  fee. 
of  ten  cents  for  each  lot  or  parcel  of  land  shall  be  collected  by 
the  City  Treasurer,  and1  shall  belong  to  the  city  as  a  part  of  the 
general  fund.  The  Treasurer  shall  have  access  at  all  times 
to  the  books  of  sales  to  make  searches  for  certificates. 

9 

Sec.  17.  The  City  Clerk  shall,  on  demand  of  any  party, 
give  to  such  party  a  certificate  signed  by  him  referring  to  all 
ordinances  of  the  city,  if  any,  for  condemnation  of  land  for  pub¬ 
lic  use  under  which  proceedings  have  been  or  may  be  taken,  and 
in  the  course  of  which  proceedings  any  lot  or  parcel  of  land  men¬ 
tioned  in  the  demand  has  been  or  is  liable  to  be  assessed  with 
special  benefits.  For  such  certificate  a  fee  of  ten  cents  for  each 
lot  or  parcel  of  land  shall  be  collected  by  the  City  Clerk,  and 
shall  belong  to  the  city  as  a  part  of  the  general  fund. 

Sec.  18.  In  case  any  elective  or  appointive  officer  of  the 

city  shall  be  necessarily  absent  from  the  city,  or  unable  from 

sickness  or  any  other  cause  to  discharge  the  duties  of  his  office, 

the  Mayor,  or  if  such  officer  shall  have  been  elected  or  appointed 

by  any  Board,  Commissioner  or  other  officer,  then  such  Board, 

Commission  or  other  officer,  may  fill  such  office  temporarily  by 

appointment,  such  appointment  to  be  recorded  by  the  City  Clerk 

and  the  appointee  to  hold  and  discharge  the  duties  of  the  officer 

whose  place  may  be  thus  filled  temporarily  until  he  shall  return 

or  become  fit  for  and  enter  on  duty.  Officers  thus  temporarily 

appointed  shall  qualify  and  give  -such  bond  as  may  be  required 

bv  ordinance. 

* 

Sec.  19.  All  persons  holding  any  office  under  the  city 
whether  elective  or  appointive,  shall  be  required  to  engage  in 
the  actual  work  of  the  office  so  held,  to  the  extent  that  their 
services  may  be  necessary  for  the  full  and  complete  discharge 
of  the  duties  of  said  office,  and  a  failure  to  do  so  shall  be 
grounds  for  removal  by  the  proper  authority. 

Sec.  20.  All  licenses  issued  by  the  city  shall  expire  on 
January  fourth  or  July  fourth  of  each  year,  except  as  otherwise 
provided  in  this  charter. 


280 


Sec.  21.  All  bonds  given  to  or  for  the  benefit  of  the  city 
pursuant  to  this  charter  or  any  city  ordinance  and  not  by  this 
charter  required  to  be  otherwise  approved,  must  be  approved 
by  the  City  Comptroller,  and  all  bonds  except  the  official  bond 
of  the  City  Comptroller,  must  be  filed  and  left  with  the  City 
Comptroller  as  the  official  custodian  thereof.  No  appeal  bond 
from  any  judgment  of  any  Municipal  Court  shall  be  accepted 
unless  the  same  be  first  approved  by  the  Comptroller.  The  city 
shall  pay  the  premium  on  all  bonds  required  to  be  given  to  the 
city  by  officers  serving  without  compensation,  conditioned  for 
the  faithful  discharge  of  official  duties. 

Sec.  22.  The  members  of  Boards  provided  for  by  this 
charter  who  receive  no  compensation  for  their  services  shall  be 
allowed  their  actual  expenses  incurred  in  the  discharge  of  their 
duties,  which  expenses  shall  be  allowed  and  paid  as  other  ex¬ 
penses  and  disbursements  of  said  Boards. 

Sec.  23.  A  general  election  of  all  officers  of  the  city 
required  to  be  elected  by  this  charter,  or  under  any  ordinance 
of  the  city,  shall  be  holden  on  the  first  Tuesday  after  the  first 
Monday  in  April,  in  the  year  A.D.  1910,  and  every  two  years 
thereafter  on  the  same  Tuesday  of  the  same  month. 

All  v  elections  shall  be  by  ballot  and  continue  for  one  day 

only. 

Unless  otherwise  provided  by  law,  the  polls  shall  be  opened 
at  six  o’clock  in  the  morning  and  be  closed  at  seven  o’clock  in 
the  evening,  and  shall  not  be  closed  during  that  time  under  any 
pretext  whatever. 

All  persons  qualified  as  electors  under  the  constitution  and 
laws  of  the  State  of  Missouri,  being  duly  registered,  shall  be 
deemed  qualified  voters  at  all  elections. 

Sec.  24.  In  providing  for  elections,  precincts  shall  be 
made  by  the  Common  Council  of  the  city  of  compact  and  con¬ 
tiguous  territory  regarding  ward  lines. 

Sec.  25.  Every  person  who  shall  bet  or  wager  by  any 
means  whatever  any  money  or  other  valuable  thing,  or  shall 
sell  or  purchase  any  pools  on  the  result  of  any  election  autho¬ 
rized  by  this  charter,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  ex¬ 
ceeding  five  hundred  dollars;  and  any  person  who  shall  keep  or 
maintain  within  the  city  a  place  where  such  bets  or  wagers  are 
made,  or  where  pools  are  sold  and  purchased  on  such  election, 
shall  be  deemed  guilty  of  a  separate  misdemeanor  for  every 


231 


day  such  place  shall  be  so  kept  or  maintained,  and  for  each  such 
offense  he  shall  be  punished  by  a  fine  not  exceeding  five  hun¬ 
dred  dollars. 

Sec.  ,26.  The  fiscal  year  of  the  city  shall  begin  at  high 
noon  on  the  third  Monday  in  April  of  each  year  and  extend  to 
high  noon  on  the  third  Monday  in  April  following,  and  shall  be 
known  and  designated  for  all  purposes  by  the  number  of.  the 
calendar  year  in  which  such  fiscal  year  begins.  All  elective 
city  officers  provided  for  in  this  charter  shall  enter  upon  the 
duties  of  their  offices  at  the  beginning  of  the  fiscal  year  next 
following  their  election.  All  appointive  officers  shall  enter  upon 
the  duties  of  their  offices  as  soon  as  appointed  and  qualified. 

Sec.  27.  Whenever  it  is  provided  in  this  charter  that  the 
members  of  any  Board,  Department  or  Commission  shall  so 
classify  themselves  by  lot  that  their  terms  of  office  shall  expire 
at  different  times,  such  members  shall,  on  the  day  of  making 
such  classification,  cause  the  same  tG  be  entered  in  the  records  of 
their  proceedings,  and  a  copy  thereof,  certified  by  the  Secretary 
thereof  and  signed  by  all  of  said  members,  shall  be  filed  with 
the  City  Clerk.  In  every  case  such  classification  must  be  made 
at  the  first  meeting  of  the  Board,  Department  or  Commission. 

Sec.  28.  The  Departments,  Boards,  Commissioners  and 
Officers  provided  for  in  this  charter  shall  be  entitled  to  the  pos¬ 
session  of  all  papers,  books,  documents,  maps,  plats,  records  and 
archives  in  the  possession  or  under  the  control  of  those  respect¬ 
ively  who  are  superseded  under  this  charter  by  such  Depart¬ 
ments,  Boards,  Commissioners  and  Officers. 

Sec.  29.  All  special  elections  not  otherwise  provided1  for. 
shall  be  held  under  such  regulations  as  may  be  prescribed  by 
ordinance.  Subject  to  the  constitution  and  laws  of  the  State 
governing  the  city,  provision  may  be  made  by  ordinance  for  the 
holding  of  any  election  for  any  lawful  purpose,  and  for  con¬ 
ducting  the  same  and  ascertaining  and  declaring  the  result 
thereof  and  making  a  proper  record  to  evidence  the  results. 

Sec.  30.  Kansas  City  is  hereby  declared  to  be  the  legal 
successor  of  the  City  of  Kansas  and1  shall  be  entitled  to  all  the 
property  and  rights  of  every  nature  whatsoever  standing  in  the 
name  of  or  belonging  to  the  City  of  Kansas,  and  the  same  shall 
inure  to  and  be  vested  in  Kansas  City.  All  proceedings  now 
pending  in  the  name  of  the  City  of  Kansas  shall  be  continued 
in  such  name  and  shall  remain  unaffected  by  the  adoption  of  this 


charter.  And  Kansas  City  shall  be  held  to  be  a  continuous  body 
politic  and  corporate  without  interruption  under  each  and  all 
the  successive  charters  and  amendments  thereof  from  the  origi¬ 
nal  incorporation  of  the  City  of  Kansas,  and  the  City  of  Kansas 
City  as  well  as  under  this  charter. 

Sec.  31.  The  Common  Council  may  by  ordinance,  from 
time  to  time,  within  the  limits  of  and  in  ponformity  with  the 
provisions  of  the  constitution  of  the  State,  as  now  amended,  or 
as  it  may  hereafter  be  amended,  submit  to  the  qualified  voters 
of  the  city,  at  any  special  or  general  election,  a  proposition  or 
propositions  that  the  city  issue  its  bonds  to  an  amount  not  ex¬ 
ceeding  the  limit  authorized  by  the  constitution  of  the  State  of 
Missouri,  as  now  amended,  or  as  it  may  hereafter  be  amended; 
provided ,  that  such  bonds  shall  not  be  sold  for  less  than  their 
par  value ;  and  provided ,  further,  that  the  proceeds  of  said  bonds 
shall  be  applied  to  the  construction  of  public  sewers  within  the 
limits  of  the  city,  or  to  such  outlets  outside  the  limits  of-  the 
city,  or  to  acquiring  the  right-of-way  therefor,  as  may  be 
deemed  by  the  Common  Council  necessary  to  secure  proper 
drainage;  or  to  the  purchase  of  lands  within  or  without  the 
limits  of  the  city,  for  public  parks  or  boulevards,  or  to  improv¬ 
ing,  adorning  or  beautifying  public  parks' or  boulevards;  or  to 
the  purchase  of  lands  for  public  squares;  or  to  the  purchase  of 
sites  for  market  houses;  or  to  the  construction,  equipment,  im¬ 
provement,  extension  or  enlargement  of  market  houses;  or  to 
the  purchase  of  sites  for  hospitals,  or  to  the  construction,  equip¬ 
ment,  improvement,  extension  or  enlargement  of  hospitals;  or 
to  the  making  of  extensions,  enlargements,  improvements,  or 
betterments  of  the  waterworks;  or  to  the  payment  for  land  or 
right-of-way  acquired  by  purchase  or  condemnation,  within  or 
without  the  limits  of  the  city,  or  within  or  without  the  limits 
of  the  State  of  Missouri,  for  the  waterworks ;  or  to  any  other  pub¬ 
lic  improvement  or  purpose,  of  any  nature  vor  kind  whatsoever, 
whether  herein  specifically  enumerated  or  not;  and  provided, 
further,  that  the  Common  Council  shall,  in  submitting  any  such 
proposition  or  propositions,  to  issue  bonds,  expressly  specify  the 
amount  of  bonds  to  be  issued  for  each  particular  purpose. 

And,  provided,  further,  that  within  the  meaning  of  the  pro¬ 
viso,  next  immediately  preceding,  the  construction  of  public 
sewers  within  the  limits  of  the  city,  and  the  construction  of  out¬ 
lets  therefor  outside  the  limits  of  the  city,  and  the  acquiring  of 
the  rights-of-way  therefor,  or  any  one  or  more  of  said  objects 
shall  be  deemed  one  particular  purpose;  the  purchase  of  lands 
within  and  without  the  limits  of  the  said  city  for  public  park^ 
or  boulevards,  or  both,  or  any  one  or  more  of  said  objects,  shall 


283 


be  deemed  one  particular  purpose;  the  improving,  adorning  and 
beautifying  parks  or  boulevards,  or  both,  or  any  one  or  more 
of  said  objects  shall  be  deemed  one  particular  purpose;  the  pur¬ 
chase  of  land  for  public  squares  shall  be  deemed  one  particular 
purpose;. the  purchase  of  sites  for  market  houses,  and  the  con¬ 
struction,  equipment,  improvement,  extension  and  enlargement 
of  market  houses,  or  any  one  or  more  of  said  objects  shall  be 
deemed  one  particular  purpose;  the  purchase  of  sites  for  hospi¬ 
tals,  and  the  construction,  equipment,  improvement,  extension 
and  enlargement  of  hospitals,  or  any  one  or  more  of  said  objects, 
shall  be  deemed  one  particular  purpose;  the  making  of  exten¬ 
sions,  enlargements,  improvements  and  betterments  of  the  water¬ 
works,  and  the  payment  for  land  and  the  right-of-way  acquired 
by  purchase  or  condemnation  or  both,  within  or  without  the 
limits  of  the  city,  and  within  or  without  the  limits  of  the  State 
of  Missouri  for  waterworks,  or  any  one  or  more  of  said  objects, 
shall  be  deemed  one  particular  purpose. 

The  amount  of  bonds  issued  by  the  city,  bearing  date  July 
1,  1895,  for  acquiring  waterworks,  and  all  bonds  hereafter  issued 
in  renewal  of  said  bonds,  or  any  portion  thereof,  shall  not  be 
included  in  the  computation  of  the  existing  bonded  indebtedness 
of  said  city  in  determining  the  amount  of  bonds  authorized  to 
be  issued  by  said  city,  with  the  assent  of  two-thirds  of  the  voters 
under  the  provisions  of  Article  ten  (X)  of  the  Constitution  of 
the  State  of  Missouri,  as  now  amended  or  as  the  same  may 
hereafter  be  legally  amended;  but  the  city  shall  be  authorized  to 
issue  bonds  with  the  assent  aforesaid  to  an  amount  including 
outstanding  indebtedness,  other  than  that  above  named,  to  the 
amount  of  five  per  centum  of  the  value  of  the  taxable  property 
in  said  city,  to  be  ascertained  in  the  manner  provided  by  the 
said  constitution  of  the  State  of  Missouri,  by  the  assessment 
next  before  the  last  assessment  for  state  and  county  purposes, 
previous  to  the  incurring  of  such  indebtedness.  Such  bonds 
shall  be  in  denominations  of  not  less  than  one  hundred  dollars 
($100.00)  nor  more  than  one  thousand  dollars  ($1,000.00) 
each,  payable  to  bearer,  in  not  less  than  five  (5)  nor  more  than 
twenty  (20)  years  from  the  date  thereof,  with  interest  from 
date  not  exceeding  five  (5)  per  cent  per  annum,  payable  semi¬ 
annually;  and  shall  have  interest  coupons  attached  to  conform 
to  the  face  of  the  bonds;  and  such  bonds  shall  be  under  the  seal 
of  the  city,  signed  by  the  Mayor,  attested  by  the  City  Clerk, 
countersigned  by  the  City  Comptroller,  and  in  all  respects  shall 
be  in  such  form,  and  issued  and  sold  in  such  manner  as  may  be 
prescribed  by  ordinance. 

The  city  shall,  before  or  at  the  time  of  issuing  such  bonds, 


234 


provide  for  the  collection  of  an  annual  tax,  sufficient  to  pav 
the  interest  on  the  bonds  as  it  falls  due,  and  also  to  constitute  a 
sinking  fund  for  the  payment  of  the  principal  thereof  at  ma¬ 
turity. 

Sec.  32.  All  provisions  contained  in  this  charter  which 
are  the  same  as  provisions  contained  in  the  charter  of  the  citv 
or  any  amendment  thereof,  which  this  charter  supersedes,  shall 
be  taken,  held1  and  construed  as  continuing  such  provisions  of 
said  superseded  charter  and  amendments  in  uninterrupted  force 
and  effect,  and  all  acts,  things  and  proceedings  done  or  had 
thereunder  are  hereby  reaffirmed  in  all  things,  whether  the  same 
have  been  completed  or  are  in  process  of  being  carried  out,  or 
have  been  merely  authorized  and  the  same  authorized  to  com¬ 
plete  all  such  acts,  things  and  proceedings  shall  continue  as  if 
said  superseded  charter  and  amendments  thereof  ha^1  not  been 
superseded  by  this  charter. 

Sec.  33.  The  second  Thursday  in  May  of  each  year  is 
hereby  named  as  a  day  to  be  known  and  observed  in  Kansas 
City  as  “Charity  Day,  on  which  appropriate  measures  may  be 
taken  for  alleviating  the  condition  of  the  poor  and  needy. 

Sec.  34.  This  charter  may  be  amended  at  any  time  by  a 
proposal  therefor  made  by  the  law-making  authorities  of  the 
city,  published  for  at  least  thirty  days  in  three  newspapers  of 
the  largest  circulation  in  the  city,  one  of  which  shall  be  a  news¬ 
paper  printed  in  the  German  language,  and  accepted  by  three- 
fifths  of  the  qualified  voters  of  the  city  voting  at  a  general  or 
special  election.  The  city  may,  by  ordinance,  subject  to  all  laws, 
provide  as  to  the  form  of  submitting  to  such  voters  at  any  elec¬ 
tion  any  proposed  amendment,  -and  for  ascertaining  the  results 
of  the  election  on  such  proposed  amendment,  and  making  proper 
record  of  the  fact. 

Sec.  35.  In  case  there  be  filed  with  the  City  Clerk  at  any 
time  a  petition  or  petitions  signed  by  qualified  electors  of  Kan¬ 
sas  City,  numbering  not  less  than  ten  per  cent  of  the  whole  num¬ 
ber  of  votes  cast  for  all  candidates  for  Mayor  at  the  last  pre¬ 
ceding  city  election,  requesting  the  law  making  authorities  of  the 
city  to  submit  to  the  qualified  electors  of  the  city  a  proposal  for 
an  amendment  to  this  charter  as  in  said  petition  or  petitions 
set  forth,  the  said  law-making  authorities  of  the  city  may  sub¬ 
mit  such  proposal  for  an  amendment  in  the  manner  provided  in 
the  next  preceding  section. 


285 


Sec.  36.  This  charter  is  declared  to  be  a  public  act,  and 
may  be  read  in  evidence  in  all  courts  of  this  State  without 
proof. 

Done  at  Kansas  City,  this  6th  day  of  July,  A.D.  1908. 

J.  V.  C.  Karnes, 

Walter  J.  Bales, 

Wm.  P.  Borland, 

L  Charles  Campbell, 

Franklin  D.  Crabbs, 

Andrew  F.  Evans, 

R.  J.  Ingraham, 

Robert  B.  Middlebook, 

John  A.  Moore, 

John  H.  Thacher, 

Frank  W.  Tuttle. 


The  Board  of  Freeholders  further  returns  the  two  following 
sections  to  be  submitted  and  presented  for  the  choice  of  the 
voters,  in  the  alternative,  to  be  voted  on  separately,  and!  accepted 
or  rejected  separately,  without  prejudice  to  other  articles  or  sec¬ 
tions  of  this  charter,  and,  if  either  of  said  sections  be  adopted, 
it  shall  be  known  as  section  thirty  of  Article  IV  of  this  charter, 
to-wit 


> 


# 


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230 


ALTERNATIVE  SECTION  THIRTY,  ARTICLE  IV. 

ALTERNATIVE  NUMBER  ONE. 

Sec.  30.  In  addition  to  the  method  otherwise  provided  in 
this  charter  for  the  removal  of  elective  officers,  the  holder  of 
any  elective  office  may  be  removed  at  any  time  by  the  electors 
entitled  to  vote  for  a  successor  of  such  incumbent.  The  pro¬ 
cedure  to  affect  the  removal  of  an  incumbent  of  an  elective 
office  shall  be  as  follows: 

A  petition  signed  by  electors  entitled  to  vote  for  a  successor 
to  the  incumbent  sought  to  be  removed,  equal  in  number  to  at 
least  thirty  per  cent  of  the  entire  vote  for  all  candidates  for  the 
office,  the  incumbent  of  which  is  sought  to  be  removed,  cast  at 
the  last  preceding  general  municipal  election,  demanding  an  elec¬ 
tion  of  a  successor  to  the  person  sought  to  be  removed,  shall 
be  addressed  to  the  Comon  Council  and  filed  with  the  City  Clerk 
and  said  petition  shall  contain  a  general  statement  of  the  grounds 
for  the  removal  as  sought.  The  signatures  to  the  petition  need 
not  be  appended  to  one  petition,  but  each  signer  shall  add  to 
his  signature,  his  place  of  residence,  giving  the  street  and  num¬ 
ber.  Each  such  paper  shall  have  added  thereto  the  affidavit  of 
a  registered  voter  of  the  city,  stating  that  all  the  signatures  to 
the  paper  were  made  in  his  presence,  and  that  to  the  best  of  his 
knowledge  and  belief,  each  signature  to  the  paper  appended  is 
the  genuine  signature  of  the  person  whose  name  purports  to  be 
thereto  subscribed.  Within  ten  days  from  the  date  of  filing  such 
petition,  the  said  Clerk  shall  examine  and  ascertain  whether  or 
not  said  petition  has  a  requisite  number  of  signatures,  and  if 
necessary,  the  Council  shall  allow  him  extra  help  for  that  pur¬ 
pose,  and  he  shall  attach  to  the  petition  his  certificate  of  the 
result  of  such  examination,  and  deliver  the  same  to  the  Council. 
If  by  the  Clerk’s  certificate  the  petition  is  shown  to  be  insuffi¬ 
cient  it  may  be  amended  within  ten  days  from  the  delivery  of 
such  petition  and  certificate  to  the  Council.  The  Clerk  shall, 
within  ten  days  after  such  amendment,  make  like  examination 
of  the  amended  petition  and  if  his  certificate  shall  show  the 
same  to  be  insufficient,  it  shall  be  returned  to  the  person  filing 
the  same,  without  prejudice,  however,  to  the  filing  of  a  new 
petition  to  the  same  effect.  If  the  petition  shall  be  found  to  be 
sufficient  the  Clerk  shall  submit  the  same  to  the  Council  without 
delay,  and  the  Council  shall  thereupon  order  a  day  for  holding 
the  said  election,  not  less  than  thirty  days  nor  more  than  forty 
days  from  the  date  of  the  Clerk’s  certificate  to  the  Council  that 
a  sufficient  petition  is  filed. 

The  City  Council  shall  make,  or  cause  to  be  made,  publi- 

/ 


237 


cation  of  notice,  and  all  arrangements  for  the  holding  of  such 
election,  and  the  same  shall  be  conducted,  returned,  and  results 
thereof  declared  in  all  respects  as  for  other  city  elections.  « The 
successor  of  any  officer  so  removed,  shall  hold  office  during  the 
unexpired  term  of  his  predecessor.  Any  person  sought  to  be 
removed  may  be  a  candidate  to  succeed  himself,  and  unless  he 
requests  otherwise  in  writing,  the  Clerk  shall  place  his  name  on 
the  official  ballot  without  nomination.  In  any  such  removal 
election,  the  candidate  receiving  the  highest  number  of  votes 
shall  be  declared  elected.  At  such  election  if  some  other  person 
than  the  incumbent  receives  the  highest  number  of  votes  the 
incumbent  shall  thereupon  be  deemed  removed  from  his  office 
upon  the  qualification  of  his  successor.  In  case  the  party  who 
receives  the  highest  number  of  votes  shall  fail  to  qualify  within 
ten  days  after  receiving  notification  of  election,  the  office  shall 
be  deemed  vacant.  If  the  incumbent  receives  the  highest  num¬ 
ber  of  votes  he  shall  continue  in  office. 

ALTERNATIVE  SECTION  THIRTY,  ARTICLE  IV. 

ALTERNATIVE  NUMBER  TWO. 

Sec.  30.  City  officers  elected  by  the  people  shall  retain 
their  official  positions  to  the  end  of  their  respective  terms  of 
office,  and  until  their  successors  are  elected  and  qualified,  unless 
sooner  removed  for  cause,  and  shall  not  be  subject  to  removal  on 
petition  of  electors. 

Done  this  6th  day  of  July,  A.D.  1908. 

J.  V.  C.  Karnes, 

•  Walter  J.  Bales, 

Wm.  P.  Borland, 

Charles  Campbell, 

Franklin  D.  Crabbs, 

Andrew  F.  Evans, 

R.  J.  Ingraham, 

Robert  B.  Middlebook, 

John  A.  Moore, 

John  H.  Thacher, 

Frank  W.  Tuttle. 


C.  J.  Hubbard  and  D.  J.  Haff  as  two  of  the  Freeholders- 
elect  participated  in  the  preparation  of  the  above  charter,  but  on 
account  of  their  absence  from  the  State  at  the  time  the  charter 
is  returned,  have  been  unable  to  sign  the  same. 


/ 


238 


Received  this  6th  day  of  July,  1908,  the  foregoing  draft 
of  the  proposed  charter  for  Kansas  City,  Missouri. 

Thomas  T.  Crittenden,  Jr., 

Attest:  Wm.  Clough,  Mayor . 

City  Clerk .  ,  A  \ 

(Seal  of  Kansas  City,  Missouri.)  i.  y 


